Dáil Éireann Debate, Thursday - 6 July 2006
372 Mr. Naughten asked the Minister for Enterprise, Trade and Employment if his Department has ever been requested by the Employment Appeals Tribunal to refer a matter on a point of law to the High Court; if so, the number of occasions; if his Department has facilitated the request on each occasion; and if he will make a statement on the matter. [28105/06]
View answerThis Department has not in the last 20 years been asked by the Employment Appeals Tribunal to refer a matter on a point of law to the High Court. The tribunal established by section 39 of the Redundancy Payments Act, 1967, known as the Redundancy Appeals Tribunal was changed to the Employment Appeals Tribunal by section 18 of the Unfair Dismissals Act, 1977. The Department is unable to trace any request for a case stated prior to 20 years ago.
373 Mr. Naughten asked the Minister for Enterprise, Trade and Employment the number of District Court orders obtained to enforce Employment Appeal Tribunals orders under the Terms of Employment (Information) Act 1994 and 2001; the number which have been against Government Departments and State agencies; and if he will make a statement on the matter. [28107/06]
View answerThe Prosecution and Enforcement Unit of the Department deals with the enforcement of determinations of both Labour Court and Employment Appeals Tribunal (EAT). Eight applications seeking enforcement of a determination of the EAT under the Terms of Employment (Information) Act 1994 have been received since this Act came into force. None have been in respect of a Government Department or a State Agency.
Determinations of the EAT generally relate to payment of compensation. Efforts are made by the Enforcement Unit to obtain payments without resource to legal proceedings. The Deputy should be aware there are a few cases where it is not possible to enforce a determination of the EAT or the Labour Court where, for example, the employer, as a company, is no longer a legal entity i.e it is dissolved, or is in liquidation, or legal searches show that the employer has no discernible assets. Four cases were referred to the Chief State Solicitors Office for the institution of legal proceedings. Two of these cases were resolved without a court hearing.
