Written answers

Tuesday, 1 May 2012

Department of Enterprise, Trade and Innovation

Employment Rights

9:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 303: To ask the Minister for Jobs, Enterprise and Innovation if he will intervene and enforce under Section 10 of the Unfair Dismissals Act 1977-2007 a determination from the Employment Appeals Tribunal under the Unfair Dismissals Act 1977-2007 in respect of a person (details supplied) in Dublin 17; and if he will make a statement on the matter. [21512/12]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Following previous representations in December 2011, I had already requested the National Employment Rights Authority (NERA) to intervene on my behalf in this matter and seek enforcement of the €50,000 award. In this instance, prior to NERA's involvement, the case had already been brought before the Circuit Court and a Court Order was issued by the Dublin Circuit Court dated 4 May 2011. An Execution Order dated 7 June 2011 contains a certificate from the Sheriff of the City of Dublin dated 11 July 2011 indicating he was unable to enforce the judgement as the business named on the execution order had ceased trading.

Following NERA's intervention, the company's solicitor wrote to NERA stating that the company "is no longer trading and ceased any trading operations in or about September 2010. The only remaining assets in the Company are secured by a debenture in favour of its bankers." NERA has established that a petition to wind up the company was made to the High Court last November. In the circumstances outlined, unfortunately, it is unlikely that the award made can be enforced. It is my intention this Autumn, in the context of the forthcoming Workplace Relations Bill, to consider how a new and more effective method of enforcing these awards can be developed.

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