Wednesday, 27 February 2013

Questions (166)

Michael McCarthy


166. Deputy Michael McCarthy asked the Minister for Jobs, Enterprise and Innovation if a person (details supplied) in County Cork will be paid moneys by their former employer following a ruling by the employment appeals tribunal in their favour; if a State redundancy payment or assistance may become available to them in the event that such moneys will not be forthcoming; and if he will make a statement on the matter. [10534/13]

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Written answers (Question to Jobs)

This case came before the Employment Appeals Tribunal (EAT) by way of an appeal for implementation of a Rights Commissioner decision under the terms of the Unfair Dismissals Acts, 1977 to 2007. The EAT heard the appeal on 2 December, 2011.

The EAT being satisfied that the decision under the terms of the Unfair Dismissals Acts, 1977 to 2007, had not been carried out by the respondent, the time for bringing an appeal against the recommendation had expired and no such appeal having been brought, made an order to the like effect as the decision of the Rights Commissioner (Ref No: UD94885/10/MR refers). The EAT awarded €10,400.00 to the appellant under the terms of the Unfair Dismissals Acts, 1977 to 2007. The determination issued to all parties on 23 December, 2011.

As this company is in liquidation claims against the company including the payment of this award should be made in the first instance to the liquidator (address provided above). The liquidator may then seek to have payment of the award made from the Social Insurance Fund Fund. The Social Insurance Fund is now administered by the Department of Social Protection. The claim will be processed upon receipt from the liquidator, by that Department and if appropriate, payment will be made to the liquidator on behalf of your constituent.

If having communicated with the liquidator your constituent requires further information with regard to the payment of his award he should contact the Department of Social Protection as follows: Insolvency Payments Section, Floor 3, Department of Social Protection, Block C, The Earlsfort Centre, Lower Hatch Street, Dublin 2. Telephone: 01 6734501