Written answers

Wednesday, 4 February 2015

Department of Jobs, Enterprise and Innovation

Industrial Relations

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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73. To ask the Minister for Jobs, Enterprise and Innovation the options open to a person to ensure that a decision of the Rights Commissioner under the auspices of the Labour Relations Commissioner is enforced in respect of an award made by the Commissioner and which is not being honoured by the respondent in the case; and if he will make a statement on the matter. [5164/15]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The Rights Commissioner Service which is operated by the Labour Relations Commission (LRC) is independent in the exercise of its quasi-judicial function and I have no direct involvement in the day to day exercise of its functions. When a decision or recommendation issues, it is accompanied by an "Appeal Information sheet" which sets out the relevant information regarding appeal/implementation, having regard to the specific piece of legislation under which the claim was submitted. Either party may appeal a decision or recommendation from the Rights Commissioner Service. This should be done in writing and submitted within the appropriate time period, which is dependent on the legislation under which the claim was made.

Where an employer has not implemented the decision, and no appeal has been lodged within the specified time, the claimant or their representative, may then bring the decision to the Employment Appeals Tribunal, Labour Court, District Court or Circuit Court, or where appropriate, the Minister for Jobs, Enterprise and Innovation for implementation or enforcement, having regard to the particular requirements of the legislation, under which the claim was made.

As a general rule the party to whom an award is made may pursue the matter of enforcement of an unpaid award directly with the courts service. However, in cases other than those covered by the Payment of Wages Act, where an award made by a body remains outstanding, and where an employee is not in a position to go to the Circuit Court, the matter can be referred to the National Employment Rights Authority (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 NERA enforcement unit can be contacted directly on 059 9178890.

The collection of any money outstanding in respect of a Circuit Court order is the responsibility of the relevant County Sheriff.

Where a person’ former employer was a limited company, the company must be in liquidation or receivership in order for the person to be eligible to claim for payment of an award under the insolvency payments scheme. The purpose of the insolvency payments scheme, which operates under the Protection of Employees (Employers’ Insolvency) Act, 1984, is to protect certain outstanding pay-related entitlements due to employees in the event of the insolvency of their employer. These entitlements include wages, holiday pay, sick pay, payment in lieu of minimum notice due under the Minimum Notice & Terms of Employment Acts, 1973-2001, and certain pension contributions. Various other statutory awards made by the Employment Appeals Tribunal, Rights Commissioners, etc., are also covered by the scheme. There are statutory limitations on the amount payable. An Tánaiste and Minister for Social Protection, Joan Burton, has responsibility for the administration of the payments from the insolvency payments scheme.

As the Deputy will be aware, the programme to reform the State’s employment rights and industrial relations structures is at an advanced stage. This reform programme will result in the establishment of a new two-tier Workplace Relations structure comprising two statutorily independent bodies replacing the current five.

Provision has been made in the Workplace Relations Bill 2014 for a range of enhanced compliance measures, including the use of Compliance Notices and Fixed Payment Notices. The Bill also makes provision for the introduction of a more effective and streamlined system for the enforcement of awards from WRC Adjudicators and/or the Labour Court under employment rights legislation via the District Court. These new compliance and enforcement measures will provide for more proportionate, efficient and effective enforcement of employment law.

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