Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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1665. To ask the Minister for Jobs, Enterprise and Innovation further to parliamentary question number 257 of 8 December 2016 (details supplied) the reason this part of the recommendations has not been honoured by the company; and if she will make a statement on the matter. [1634/17]

Pat Breen (Clare, Fine Gael)
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The position is that the Redundancy Payments Acts 1967–2014 provide a minimum entitlement to a redundancy payment for employees who have a set period of service with the employer. Thisredundancy payment is an individual’s statutory entitlement under employment legislation.

An employer may agree a redundancy payment above the statutory minimum and, in such circumstances, this payment is ex-gratia and comes about through agreement; not through any statutory entitlement.

The Labour Court recommendation at issue here came about as a result of a voluntary industrial relations process entered in to under the Industrial Relations Act 1969, culminating with a Labour Court hearing, which I understand was not attended by the employer side. As previously stated, the Labour Court operates as an industrial relations tribunal and is not a court of law. Recommendations made by the Court concerning the investigation of disputes under the Industrial Relations Acts 1946-2015 are not binding on the parties concerned; however, the parties are expected to give serious consideration to the Court's recommendation.

Ultimately, under the Industrial Relations Acts, responsibility for the settlement of a dispute rests with the parties.

Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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1666. To ask the Minister for Jobs, Enterprise and Innovation further to parliamentary question number 257 of 8 December 2016, if she will write to the company (details supplied) to urge it to honour the full recommendations of the Labour Court; and if she will make a statement on the matter. [1635/17]

Pat Breen (Clare, Fine Gael)
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I must reiterate to the Deputy that the Labour Court operates as an independent adjudicative body in carrying out its statutory function and as such it is not appropriate for me to intervene in this or any other matter relating to that function.

The statutory position under the Redundancy Payments Acts 1967-2014 is that a minimum entitlement to a redundancy payment for employees who have a set period of service with the employer is provided for.

While agreement on a redundancy payment above the statutory minimum may be entered into at local level or as part of an industrial relations process involving the machinery of the State, this payment is ex-gratia and comes about through agreement; not through any statutory entitlement.

The Labour Court forms part of the voluntary system of industrial relations which operates in Ireland and recommendations made by the Court under the Industrial Relations Acts 1946-2015 are not binding on the parties concerned.