Joan Collins (Dublin South Central, People Before Profit Alliance)
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116. To ask the Minister for Jobs, Enterprise and Innovation the way that workers who have been in dispute with their employer for more than three years and who have been in the Labour Court and the High Court have still not received moneys owed to them; and if he will make a statement on the matter. [18605/13]

Richard Bruton (Dublin North Central, Fine Gael)
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Where disputes arise in the workplace the State provides a range of dispute resolution services. Parties may engage either on a voluntary basis through the Labour Relations Commission using the mediation and conciliation services, or under the Industrial Relations Acts to the Labour Court. In some cases, parties to a dispute agree in advance to be bound by the decision of the Labour Court. The objective of the industrial relations machinery is to encourage either mediated or decision based outcomes for the parties.

Employees may also make complaints directly to the Rights Commissioner Service and the Employment Appeals Tribunal under employment legislation. The enforcement of Employment Appeals Tribunal (EAT) determinations and Labour Court rulings under employment legislation are 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.

In general, 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 has 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.

Where an employer is legally insolvent and where a determination has been made by the EAT or an appeal to the Labour Court is in favour of employees, employees are entitled to seek redress from the State through the Insolvency Payments Scheme.