Written answers

Wednesday, 10 May 2023

Department of Enterprise, Trade and Employment

Departmental Correspondence

Photo of Matt CarthyMatt Carthy (Cavan-Monaghan, Sinn Fein)
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73. To ask the Minister for Enterprise, Trade and Employment if he will report on his engagements or the correspondence that his Department has had with the owners or management of a hotel (details supplied); and if he will make a statement on the matter. [21996/23]

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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It is my understanding that a liquidator has been appointed to oversee the winding up of the company.

The Companies Act 2014 provides safeguards to ensure that a liquidation process complies with the relevant statutory requirements. The Companies Act 2014 allows for any creditor, including employees, of the company to apply to the court for a determination on any question arising in the winding up of a company.

The Minister has no role in the administration of a liquidation, and it is the responsibility of the liquidator to engage with all relevant parties.

The Redundancy Payments Scheme and Insolvency Payments Scheme protect the former employees of companies that have become legally insolvent. The Schemes are administered by the Department of Social Protection. Payments are made from the Social Insurance Fund and are subject to certain limits.

The Redundancy Payments Scheme ensures eligible employees receive their statutory redundancy payment in the event that their employer is unable to pay due to its insolvency.

Under the Insolvency Payments Scheme, employees may also claim, through an employer representative, such as the official liquidator or receiver, various outstanding debts including:

  • Arrears of wages and sick pay
  • Outstanding holiday pay
  • Unpaid statutory minimum notice
  • Certain arrears of pension contributions
  • Various statutory awards made by the Workplace Relations Commission (WRC)

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