The 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.