Jack Wall (Kildare South, Labour)
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To ask the Minister for Jobs, Enterprise and Innovation the process available to a person (details supplied) in County Kildare to ensure that they obtain their rights regarding a Rights Commission claim; and if he will make a statement on the matter. [38771/12]

Richard Bruton (Dublin North Central, Fine Gael)
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Once a Rights Commissioner Decision has issued, the Labour Relations Commission has no further function in the matter.

Under the Unfair Dismissals Acts, where an employer has not implemented the Decision of the Rights Commissioner, and no appeal has been lodged within the specified time (i.e. six weeks from the date of the Decision) the claimant, or the claimant’s trade union on their behalf, may bring the Decision to the Employment Appeals Tribunal for implementation.

Under the Organisation of Working Time Act, when an employer has not implemented the Decision of the Rights Commissioner, and no appeal has been lodged within the specified time (i.e. six weeks from the date of the Decision) the claimant may appeal in writing to the Labour Court for implementation.

Where an award or a determination is made or affirmed in favour of an employee by the Labour Court or the Employment Appeals Tribunal and the employer fails to comply, an employee or his/her trade union may then make an application to the for an Order directing the employer to carry out the determination.