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Dáil Éireann debate -
Wednesday, 26 Jan 1994

Vol. 437 No. 6

Written Answers. - Unfair Dismissal

Austin Currie

Question:

300 Mr. Currie asked the Minister for Enterprise and Employment when a person (details supplied) in Dublin 10 who was the subject of Parliamentary Question No. 155 on 18 May 1993, will have a resolution of his unfair dismissal and holiday pay problems; and if he will make a statement on the matter.

As indicated in my reply to Dáil Question No. 155 of 18 May, 1993, (columns 1936-1937 of the Official Report), when the employer in this case failed to implement the determination of the Employment Appeals Tribunal under the Unfair Dismissal Act, 1977, my Department referred the matter to the Chief State Solicitor's Office for consideration as to the institution of legal proceedings. My Department was advised that, as the employer had ceased trading, the re-instatement of the employee, as awarded in the determination, would not be possible. Further consultations took place with the Chief State Solicitor's Office to establish if there were any other means by which the determination might be implemented. I have now been advised, however, that as the company concerned, which has ceased trading, has no assets, there is no further action which would lead to the determination being implemented.

In regard to Mr. Kiely's holiday entitlements under the Holiday (Employees) Act, 1973, I understand from the Chief State Solicitor's Office that the District Court is still endeavouring to have the Order it made in respect of the sum of £151.16 enforced.

My Department will keep the employee informed of any developments as they may arise.

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