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Employment Appeals Tribunal

Dáil Éireann Debate, Tuesday - 29 January 2013

Tuesday, 29 January 2013

Questions (364)

Finian McGrath

Question:

364. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation when payment will issue to a person (details supplied) in Dublin 9. [3758/13]

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Written answers

The Employment Appeals Tribunal is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day to day operations. Its sole function is to adjudicate on disputes on individual employment rights and as such its function in this matter is completed. I understand that the Tribunal received a claim from your constituent on 23rd June 2010 under the Unfair Dismissal Acts 1977 to 2007. The matter was heard by the Tribunal on 28th May 2012. The Tribunal found that the claimant was unfairly dismissed and that the appropriate redress was compensation. The decision of the Tribunal was conveyed by registered post to the parties concerned on 20th September 2012.

If an employer fails to implement a determination of the Employment Appeals Tribunal in relation to a claim for redress within 6 weeks from the date on which the determination is communicated to the parties, I as Minister may, if it is considered appropriate having regard to all the circumstances, institute proceeding in the Circuit Court on behalf of the employee against the employer for redress under the Act. The National Employment Rights Authority (NERA) acts on behalf of the Minister in processing requests in this regard. However, in this case as the employer involved went into receivership with effect from 24th February 2012 it is more appropriate in that circumstance that the claim for payment of the award is made to the Minister for Social Protection under the Insolvency Payments Scheme.

An application for payment of the award should be made to the insolvent employer’s representative, in this case the receiver, Mr. Kieran Wallace of KPMG, 1 Stokes Place, Stephen Green, Dublin 2. The form EIP3 can be used to make an application to the fund which is managed by the Department of Social Protection. The Receiver may choose to use the on-line facility available at www.welfare.ie . The claimant would need to make contact with Mr. Wallace to agree the best way of forwarding the determination for submission for payment.

There are statutory limitations and conditions with regard to the payment of such awards under the Insolvency Payments Scheme, and further details of these may be sought from the Department of Social Protection at: Insolvency Payments Section, Floor 3, Department of Social Protection, Block C, Earlsfort Centre, Lower Hatch Street, Dublin 2. Telephone:(01) 6734501, (01) 6734502, (01) 6734503, (01) 6734504, (01) 6734505, (01) 6734506, (01) 6734507, (01) 6734508.

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