Dáil Éireann debate -
Tuesday, 24 Mar 1992

Vol. 417 No. 5

Written Answers. - Unfair Dismissal.

Austin Currie

Question:

445 Mr. Currie asked the Minister for Labour when a person (details supplied) in Dublin 10 who had an appeal against unfair dismissal allowed on 17 October, 1991, but whose employer failed to comply with a determination of re-instatement made by the Employment Appeals Tribunal will have a resolution to his case, and if he will make a statement on the matter.

Minister for Labour (Mr. Cowen)

The Employment Appeals Tribunal made an award of re-instatement to the employee concerned under the Unfair Dismissals Act, 1977. The employer has failed to comply with the order of re-instatement and the employee has been informed by the employer's solicitors that the company has ceased trading. The employee referred the matter to my Department in November 1991.

Under the provisions of the 1977 Act, the Minister for Labour may institute proceedings against a defaulting employer and I am prepared, subject to legal advice, to exercise that discretion in this case. Accordingly, papers are currently being prepared for referral to my legal advisers for consideration as to the institution of proceedings against the employer. At this stage, I am unable to say what the outcome of the further considerations will be. In any event, the employee will be kept informed of developments in the matter.