I propose to take Questions Nos. 121 and 122 together.
The case under reference was received in January 2003. The enforcement unit of the Department, which deals with the enforcement of both Labour Court and Employment Appeals Tribunal determinations, wrote to the former employer requesting payment of the award. No response was received from the employer.
Steps necessary to entail enforcement of the award as part of the general preparatory work for the institution of legal proceedings were taken. Checks as to the precise identity of the employer with a view to ensuring legal enforceability of the determination were made with the Companies Registration Office and the Department of Social and Family Affairs. In addition, legal searches were carried out in the Land Registry, Registry of Deeds, sheriff's office and judgment office to determine if the company had assets against which a judgment may be enforced. In April 2003 the case was then forwarded to the Chief State Solicitor's office for transmission to the State solicitor for the area where the employer ordinarily resides.
The case was listed for hearing in Cork Circuit Court for January 2005. However, the Department became aware that the company was struck off the companies register in November 2004. The effect of a strike off is that the company is no longer a legal entity and cannot be the subject of legal proceedings.
The Department has no function in the operation of the Chief State Solicitor's office or in the services provided by the State solicitors.
The Protection of Employees (Employers' Insolvency) Acts 1984-1991 provide for payment of certain wage-related entitlements, including awards made by the Employment Appeals Tribunal, subject to certain limits and conditions, including time limits. One of the essential conditions of the insolvency payments scheme is the pre-existence of a statutory insolvency situation such as in the definition of insolvency for the purpose of the 1984 Act. This definition covers situations such as liquidations, receiverships, bankruptcies, etc. To qualify for payment under the insolvency legislation any determination of the tribunal would have to have been made in the 18 months prior to a company being formally declared insolvent.
In the case under reference, the Department has no record of the company having been formally declared insolvent in accordance with the legislation and, therefore, the employee would not qualify for payment under the insolvency payments scheme.