Written answers

Thursday, 8 December 2016

Department of Jobs, Enterprise and Innovation

Unfair Dismissals

Photo of Mick BarryMick Barry (Cork North Central, Anti-Austerity Alliance)
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17. To ask the Minister for Jobs, Enterprise and Innovation the recourse available to a person (details supplied) with regard to a case of unfair dismissal; and if she will make a statement on the matter. [39121/16]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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With regard to the details supplied by the Deputy, I am informed by the Employment Appeals Tribunal that an unfair dismissal case was lodged with the Tribunal in 2013. The case was heard on 24 October 2014 and the determination issued to the parties on 20 November 2014. The details of the determination are available on the Workplace Relations Website www.workplacerelations.ie.

In summary, the Tribunal were satisfied that a dismissal had occurred in this case and upheld the claimant's application under the Unfair Dismissals Acts. The Tribunal found that the appropriate remedy was reinstatement and an award for losses suffered.

Once the determination of the Employment Appeals Tribunal has issued, the Tribunal has no further function in the matter it is functus officio.

Determinations of the Employment Appeals Tribunal can be appealed by either party and the appeals procedures are set out in the relevant legislation under which each determination is made. The mechanism for enforcing determinations of the Employment Appeals Tribunal is also prescribed in the relevant legislation and generally, this involves an application to the Circuit Court for an order directing compliance, or instituting proceedings in the District Court.

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

Where the person's former employer goes into liquidation or receivership the insolvency payments scheme may apply. 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.

My colleague the Minister for Social Protection, has responsibility for the administration of payments from the insolvency payments scheme.

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