asked the Minister for Industry and Commerce whether it has been brought to his notice that a County Donegal employer (referred to in correspondence from his Department under Ref. No. E.B. 118520) failed to pay unemployment contributions in respect of building workers employed by him between 27th August, 1934, and the 5th October, 1935; whether he is aware that certain of the employees concerned have been unemployed since the last-mentioned date, but, because of the employer's failure to comply with the law, are deprived of unemployment benefit; whether he informed certain of the unemployed persons concerned on January 22nd last, that they were entitled to institute proceedings against the employer to recover summarily, as a civil debt, a sum equal to the amount of any unemployment benefits lost by them by reason of the employer's failure to pay contributions which, under the Act and regulations the employer is liable to pay; and whether he is aware that these men cannot afford the cost of instituting such proceedings which might involve them in heavy expenses, and whether, in the circumstances, he is prepared to institute the necessary proceedings on their behalf without delay; and if, pending the result of such proceedings, he is prepared to advance to the men concerned the unemployment benefit to which they would have been entitled if the employer had complied with the Acts.
Ceisteanna—Questions. Oral Answers. - Donegal Employer and Unemployment Contributions.
My Department is aware that the employer mentioned has defaulted in the matter of unemployment insurance contributions due in respect of 22 ex-employees. Whilst steps were being taken to enforce compliance with the provisions of the Unemployment Insurance Acts in regard to these persons the employer filed a petition in bankruptcy. A claim has accordingly been lodged with the Official Assignee in Bankruptcy for payment of unemployment insurance contributions out of the estate of the bankrupt.
A number of these ex-employees, who have lodged claims to unemployment benefit, have been deprived of benefit because of the employer's failure to pay unemployment insurance contributions due in respect of them for different periods from July, 1934, to November, 1935.
During the course of the inspector's efforts to collect the contributions due, two of the employees concerned wrote to my Department complaining of the employer's failure to comply with the Acts. They were informed of the position and their attention invited to Section 24 of the Unemployment Insurance Act, 1920, which gives them the right to institute proceedings against the employer to recover summarily as a civil debt a sum equal to the amount of any unemployment benefit lost by reason of the employer's failure to pay contributions which under the Act he was liable to pay in respect of their employment. I have no power to take proceedings under Section 24 of the Employment Insurance Act, 1920, which gives to employed persons only the right to sue an employer for benefit lost by them in consequence of his failure to comply with the provisions of the Unemployment Insurance Acts. Unemployment insurance contributions have no retrospective effect and are available for the payment of benefit only as from and including the dates on which they are actually paid into the unemployment fund, subject to the fulfilment of the statutory conditions and freedom from the statutory disqualifications laid down in the Unemployment Insurance Acts, 1920-1933.