Vol. 448 No. 6
202 Mr. J. Mitchell asked the Minister for Enterprise and Employment the Reason an award made to a person (details supplied) in Dublin 4 by the Employment Appeals Tribunal and confirmed by the Labour Court has not yet been paid; the action, if any, open to this person; to ensure compliance with this award; and the steps, if any, his Department can take to compensate the person concerned. [2646/95]
Following failure by the employer concerned to pay the award made by the Employment Appeals Tribunal under the Minimum Notice and Terms of Employment Act, 1973, the employee referred the matter to my Department in accordance with section 12 (3) of the Act, which empowers the Minister for Enterprise and Employment to institute proceedings for the recovery of such sums. The employer company was no longer trading although not in receivership or liquidation.
My Department referred this case to its legal advisers to consider the question of instituting legal proceedings against the employer, and, in consultation with its legal advisers, my Department made further inquiries about the company. These inquiries confirmed that the company is no longer trading and that it was formally dissolved in 1992. In circumstances such as these where an employer appears to have ceased trading and is dissolved, it is difficult to bring a successful prosecution. My Department is examining the case to see if any further steps can be taken and will inform the employee of the outcome as soon as possible.
