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Employment Appeals Tribunal.

Dáil Éireann Debate, Wednesday - 29 September 2004

Wednesday, 29 September 2004

Questions (11)

Pat Rabbitte

Question:

193 Mr. Rabbitte asked the Tánaiste and Minister for Enterprise, Trade and Employment the total number of outstanding Employment Appeals Tribunal recommendations that have not yet been implemented by employers; her views on whether this is an acceptable level; the measures her Department has taken to improve this situation; and if she will make a statement on the matter. [21374/04]

View answer

Written answers

I do not have the actual number of determinations of Employment Appeals Tribunal that are not implemented.

There are 15 pieces of legislation under which employees may refer cases to the Employment Appeals Tribunal, in addition to disputes under the Redundancy Payments Acts 1967 to 2003, but only 11 of these are the responsibility of my Department.

The legislation provides that the employer is allowed six weeks to implement the award. During the six weeks period either party concerned may appeal on a point of law to the Circuit Court. At the end of the six weeks period, if the employer has failed to implement the award, the District Court-Circuit Court, on application by the employee concerned, i.e. the employee may decide to pursue a determination from the Employment Appeals Tribunal privately; any trade union, with the consent of the employee, as a member; or the Minister, if the Minister considers it appropriate to make the application having regard to all the circumstances, may make an order directing the employer to carry out the determination in accordance with its terms.

The Deputy should be aware also that where an employee requests the legal services unit of my Department to make application to the court to have a determination enforced, other difficulties may arise, such as the employer, as a company, is no longer a legal entity, in which circumstance it is not possible for the employer to be made the subject of legal proceedings; the employer, as a company, is in receivership or liquidation; proof that a copy of the determination was served on the employer cannot be offered in court; or legal searches that have been carried out show that the employer has no discernible assets.

Currently, the legal services unit of my Department has 80 cases on hand which relate to EAT determinations. Thirty of these have been referred to the Chief State Solicitor's office to institute legal proceedings — proceedings are heard in the county where the employer resides. A further four are the subject of instalment orders. The remainder are in preparation for referral to the Chief State Solicitor's office or are cases in which further inquiries are in train.

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