Gerard Murphy
Question:77 Mr. Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will report on the case of a person (details supplied) in County Cork. [12414/04]
View answerThursday, 29 April 2004
Questions (77)
Written answers
In February 2003, the employee concerned contacted my Department requesting enforcement of a Labour Court award. The legal services unit of my Department, which deals with enforcement of both Labour Court and Employment Appeals Tribunal determinations, wrote to the former employer requesting payment of the award. No response was received.
Steps necessary to entail enforcement of the award as part of the general preparatory work for the initiation of legal proceedings were taken. Checks as to the precise legal identity of the employer with a view to ensuring legal enforceability of the determination were made by consulting the Companies Registration Office and social welfare records. In addition, legal searches were carried out in the Land Registry, Registry of Deeds, the sheriff's office and the judgment office to determine whether the company had assets against which a judgment might be enforced. The case was then forwarded to the State solicitor in Cork to seek an order of the court directing that the judgment be enforced.
On 14 April 2004, my Department was informed that an application would be made to Mallow Circuit Court on 27 May 2004 for an order directing the employer to carry out the determination. A letter advising the employee accordingly was issued on 20 April 2004. On receipt of this letter the employee informed my Department that he was unable to attend the hearing. Efforts will be made to seek an adjournment of the hearing due to the unavailability of the employee. The process will have to be revisited again in due course.