Jack Wall (Kildare South, Labour)
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To ask the Minister for Jobs, Enterprise and Innovation his views regarding a submission (details supplied); the mechanism available to the person to obtain the funding as awarded by the Employment Appeals Tribunal [17313/13]

Richard Bruton (Dublin North Central, Fine Gael)
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The Employment Appeals Tribunal is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day to day operations. Its sole function is to adjudicate on disputes on individual employment rights. It would be inappropriate for me to comment on any specific determination or award made by the Tribunal.

I understand that the Tribunal made an award in favour of your constituent under the Unfair Dismissals Acts and the Minimum Notice and terms of Employment Acts on 3rd September, 2007.

The enforcement of Employment Appeal Tribunal (EAT) determinations is a matter for the courts. In cases other than those covered by the Payment of Wages Act, the Enforcement Services Unit of the National Employment Rights Authority (NERA) has some capacity to have a determination of the EAT enforced through the civil courts.

Generally where an award has been made in favour of an employee, the employer has six weeks in which to comply. If the employer fails to do so within this period, the employee or the employee’s trade union may make an application to the Circuit Court for an order directing the employer to comply with the determination. Where an employee is not in a position to do so, the matter can be referred to NERA Enforcement Services Unit, which may, in certain circumstances, make an application to the Courts for an order on his/her behalf.

In deciding whether or not to intervene in the Minister’s name, NERA would have regard to the amount of the award, the potential for achieving a favourable outcome for the claimant and the scale of the costs likely to be incurred in doing so. The enforcement of a Circuit Court order in these circumstances is the responsibility of the relevant County Sheriff and my Department has no capacity to intervene.

In circumstances where a determination has been made by the Employment Appeals Tribunal in favour of employees, and the employer is legally insolvent, the employees are entitled to seek redress from the State through the Insolvency Payments Scheme. However, where a company has been dissolved it no longer has a legal existence unless it is re-instated by order of the High Court. It may not therefore be regarded as continuing to qualify for the redress available otherwise under the Insolvency Payments Scheme. As a consequence, this avenue would not be available in such cases as a means to payment of the amount sought. In addition, NERA would not be in a position to pursue a case through the courts where the legal entity no longer exists.