Finian McGrath (Dublin North Central, Independent)
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332. To ask the Minister for Jobs, Enterprise and Innovation if he will clarify the statute of limitation under the Unfair Dismissals Act; and if this position can support the case of a person being awarded a settlement awarded by the EAT and Circuit Order of Enforcement on 7 June 2011 (details supplied). [7569/14]

Richard Bruton (Dublin North Central, Fine Gael)
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The Employment Appeals Tribunal (EAT) is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day to day operations.

As the Deputy will be aware from my previous response last December, my office has been in contact with the individual concerned following upon a review by my Department of the issues involved in this matter. The letter that issued following this review, as you know, outlined certain options that were available at that particular juncture.

I understand that the person concerned has subsequently had a new hearing before a Division of the Tribunal and that a determination in her favour has now issued to the parties. The nature of the award arising from these proceedings is such that it will fall to be processed for payment through the Insolvency Payments Scheme which is operated by the Department of Social Protection.

As the Deputy will appreciate, I cannot give legal advice in the context of answering a Dáil question and the interpretation of the law concerning claims under the Unfair Dismissals Acts is a matter for the Courts and relevant quasi-judicial bodies.

With regard to statutory limitations within the Unfair Dismissals legislation these can be outlined as follows:

The Unfair Dismissals Acts 1977 to 2007 provide protection for employees from being unfairly dismissed from their jobs by laying down criteria by which dismissals are judged to be fair or unfair and by providing an adjudication system and redress for an employee whose dismissal has been found to be unjustified. The Acts contain a number of time limits regarding the making of a claim for unfair dismissal.

Section 8 of the Unfair Dismissals Act 1977, as amended, provides that an employee may bring a claim for unfair dismissal against an employer before a Rights Commissioner or the Employment Appeals Tribunal. Section 8 also provides that the claim for redress is initiated by giving the required noticed in writing to a Rights Commissioner or the Employment Appeals Tribunal, specifically “(a) within the period of 6 months beginning on the date of the relevant dismissal, or (b) if the rights commissioner or the Tribunal, as the case may be, is satisfied that exceptional circumstances prevented the giving of the notice within the period aforesaid, then, within such period not exceeding 12 months from the date aforesaid as the rights commissioner or the Tribunal, as the case may be, considers reasonable,”.

With regard to an appeal of a Recommendation of a Rights Commissioner to the Employment Appeals Tribunal, section 9 of the Unfair Dismissals Act 1977 provides that this may be initiated by either the employer or the employee within 6 weeks of the date on which the Rights Commissioner’s Recommendation was given to the parties.

With regard to an appeal of a Determination of the Employment Appeals Tribunal to the Circuit Court, section 11 of the Unfair Dismissals (Amendment) Act 1993 provides that a party concerned may appeal to the Circuit Court from a Determination of the Employment Appeals Tribunal in relation to a claim for redress under the Unfair Dismissals Acts within 6 weeks from the date on which the determination was communicated to the parties.

With regard to a failure by an employer to carry out a Recommendation of a Rights Commissioner in relation to a claim for redress under the Unfair Dismissal Acts, section 8 of the Unfair Dismissals Act 1977 contains the following provision: “Where a recommendation of a rights commissioner in relation to a claim for redress under this Act has not been carried out by the employer concerned in accordance with its terms, the time for bringing an appeal against the recommendation has expired and no such appeal has been brought, the employee concerned may bring the claim before the Tribunal and the Tribunal shall, notwithstanding subsection (5) of this section, without hearing the employer concerned or any evidence (other than in relation to the matters aforesaid), make a determination to the like effect as the recommendation.”

With regard to the a failure by an employer to carry out the terms of a Determination of the Employment Appeals Tribunal in relation to a claim for redress under the Unfair Dismissal Acts, section 11(3)(a) of the Unfair Dismissals (Amendment) Act 1993 contains the following provision:

“If an employer fails to carry out in accordance with its terms a determination of the Tribunal in relation to a claim for redress under the Principal Act within 6 weeks from the date on which the determination is communicated to the parties, the Circuit Court shall, on application to it in that behalf by -

(i) the employee concerned, or

(ii) if he considers it appropriate to make the application having regard to all the circumstances, the Minister, without hearing the employer or any evidence (other than in relation to the matters aforesaid) make -

(I) an order directing the employer to carry out the determination in accordance with its terms, or

(II) if the determination directed the re-instatement or re-engagement of the employee concerned and that Court considers it appropriate to do so having regard to all the circumstances, in lieu of making an order under subparagraph (I), make an order directing the employer, in lieu of re-instating or re-engaging the employee, to pay compensation to him under section 7 (1) (c) of the Principal Act and giving such directions for the enforcement of the latter order as it considers appropriate having regard to all the circumstances.”

Finally, Section 11(6)(a) of the Statute of Limitations Act 1957 provides that the statute of limitations period in respect of the enforcement of a Circuit Court order is twelve years from the date on which the judgment became enforceable.