Written answers

Wednesday, 18 April 2012

Department of Enterprise, Trade and Innovation

Employment Rights

10:00 pm

Photo of Patrick NultyPatrick Nulty (Dublin West, Labour)
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Question 467: To ask the Minister for Jobs, Enterprise and Innovation if he will provide an update on progress to resolving the dispute with a company (details supplied) and to ensure all former employees receive their rights and entitlements; and if he will make a statement on the matter. [19223/12]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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In the matter referred to, officials from my Department have been in touch with representatives of the Administrator of the company on several occasions since the announcement of the closure of the stores and I have been appraised of developments.

While any dispute of this nature is regrettable, the role of the State in such circumstances is to provide supports that allow the parties to resolve disputes themselves, rather than to seek to impose a solution. The Conciliation Service of the Labour Relations Commission can assist the parties in seeking a resolution, to any issues of dispute, where requested by both parties. I understand that neither party to this dispute has sought the assistance of the Labour Relations Commission to assist them in resolving the issues in dispute.

As the company is insolvent, the Administrator has stated that there are no funds available to pay statutory redundancy, pay in lieu of notice, holiday pay etc. to former employees. Employees have instead been referred to the Department of Social Protection, to which they can make a claim from the Insolvency Fund administered by that Department. I have been informed that the administrators are assisting the workers in this process.

With regard to other rights and entitlements, complaints regarding alleged breaches of employment rights, if any, may be brought to a rights commissioner or the Employment Appeals Tribunal, as appropriate.

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