Written answers

Tuesday, 19 November 2013

Department of Jobs, Enterprise and Innovation

Employment Appeals Tribunal

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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280. To ask the Minister for Jobs, Enterprise and Innovation the position regarding an outstanding settlement awarded by the Employment Appeals Tribunal and the Circuit Order of Enforcement on 7 June 2011 in respect of a person (details supplied). [48919/13]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I have been informed by NERA that efforts have been made to have payment made on foot of the Employment Appeals Tribunal award concerned.

This proved problematic; the main difficulty encountered being that there are no assets remaining in the company the subject of the award and, as such, securing payment has not been possible. In addition, as the company the subject of the award was not in formal insolvency, receivership, or liquidation the award did not qualify for possible payment through the Insolvency Insurance fund which is within the remit of the Minister for Social Protection.

There are two significant issues that arise in this case. Firstly the matter of seeking to enforce the payment of an award made by one of the employment rights bodies and secondly on this not succeeding, the potential to have recourse to the Insolvency Payments Scheme for payment arising from that award.

However, I am very conscious of the particular circumstances of the case of the difficulties that are being experienced by the individual concerned. Officials of my Department are reviewing the matter in consultation with officials of the Department of Social Protection. This review is ongoing but has not yet been finalised.

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