Jim Daly (Cork South West, Fine Gael)
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459. To ask the Minister for Jobs, Enterprise and Innovation the options available to workers who are owed moneys by a business that has not been liquidated (details supplied). [32071/15]

Richard Bruton (Dublin North Central, Fine Gael)
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The rights of the employees are set out in Section 12 of the Minimum Notice and Terms of Employment Act 1973 which states “The amount of any compensation awarded by the Tribunal ... shall be recoverable by the employee as a simple contract debt in a court of competent jurisdiction.”

“Proceedings for the recovery of any sum due by way of compensation awarded by the Tribunal ... may be instituted and maintained on behalf of the employee by the Minister or by that employee’s trade union.”

In all cases the party to whom an award is made may pursue the matter of enforcement of an unpaid award directly with the courts service. In essence the employee may take a claim to the District Court if an employer fails to implement a determination of the Employment Appeals Tribunal.

The employee’s union or the Minister may if he thinks it appropriate, having regard to all the circumstances, institute proceeding in the District Court in respect of awards made under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, in his name on behalf of the employee against the employer. The National Employment Rights Authority (NERA) acts on behalf of the Minister in processing requests in this regard.

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 records of the Companies Registration Office indicate that the company referred to, is in Receivership. I understand the Receiver appointed is Michael Cotter C/O Ernst & Young, City Quarter, Lapps Quay, Cork. The workers should contact the Receiver regarding the outstanding payments.