Finian McGrath
Question:295. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation the reason no action was taken in relation to the case of a person (details supplied). [39445/13]
View answerTuesday, 24 September 2013
Questions (295)
Written answers
I propose to take Questions Nos. 293 and 295 together.
An Award of €50,000 was made in the above case by the Employment Appeals Tribunal in the complainants favour against the latter company. On the 17 January 2012 a request to have the award enforced by me as Minister was forwarded to the National Employment Rights Authority (NERA) for enforcement. This request was accompanied by evidence of earlier attempts at enforcement, a copy of a Court Order dated 4 May 2011 from the Dublin Circuit Court and an Execution Order dated 7 June 2011. The Execution Order contained a certificate dated 11 July 2011 from the Sheriff of the City of Dublin indicating that the business named on the Execution Order had ceased trading.
The matter was referred to the NERA solicitor and a final demand letter was issued by them by registered post. This letter was returned on 25 April 2012 marked ‘not called for’.
NERA were informed by a solicitor acting for the company that the company was no longer trading and had ceased any operations in or about September 2010. The only remaining assets were secured by a debenture in favour of its bankers.
A NERA inspector called to a company connected to one of the directors on 29 May 2012 and spoke to the manager who in turn made contact with the director in question. The director advised the inspector that neither he nor his company had the funds to pay the award. He also indicated that the company would be put into liquidation.
The claimant and her representative were advised of this on 3 July 2012 by NERA and the file was closed on that basis.
The Company was struck-off the CRO register of companies in May 2013 and dissolved. In view of the legal costs involved, the fact that the company was no longer trading and that there were no realisable assets remaining from which to pay the award, NERA were of the view that no purpose could have been served through initiating further legal proceedings and accruing further costs.
I understand that this matter has also been referred to the Office of the Director of Corporate Enforcement (ODCE). It is not the practice of the ODCE to comment on individual cases or to give any indication of what action may or may not be taken with individual matters reported to it.