Tony Gregory
Question:246 Mr. Gregory asked the Minister for Labour if he will outline the action he will take to ensure that the redundancy payment due to a person (details supplied) in Dublin 7 from his employer (details supplied) will be paid.
Written Answers. - Redundancy Payment.
My Department has no record of a claim of redundancy payment in the case of the employee concerned. However, my Department is aware of a claim by the employee under the Unfair Dismissals Act, 1977.
The position as regards the unfair dismissals claim is that the employee was awarded compensation by the Employment Appeals Tribunal. The employer did not pay the award and subsequently appealed the tribunal determination to the Circuit Court. I understand that the Circuit Court dismissed the appeal and affirmed the tribunal's determination.
The trade union which represents the employee notified the Department of its intention to approach the employer for payment of the award and later indicated to the Department that the employer had appealed the case to the Circuit Court. This appeal placed the case beyond the scope of section 10 of the Unfair Dismissals Act and the employee's trade union was so informed by the Department in writing.
The Minister for Labour may take legal action in certain circumstances, pursuant to section 10 of the Unfair Dismissals Act, 1977, on behalf of an employee against an employer who fails to carry out a determination of the Employment Appeals Tribunal. That option is not available where the determination of the tribunal has been appealed. Accordingly, I regret that I am not in a position to take any further action in this case.