Dáil Éireann Debate, Tuesday - 8 October 2013
286. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation if the industrial relations arms of the State will step in to help resolve a situation (details supplied) in County Kerry; and if he will make a statement on the matter. [42156/13]
View answerWhere an award under the Minimum Notice and Terms of Employment Act, 1973 has been made in favour of an employee, and the employer fails to pay the award, the employee or his/her trade union may make an application to the Circuit Court for an order directing the employer to comply with the determination.
Where an employee is not in a position to pursue a case in the Circuit Court, (e.g. for reasons of cost) the matter can be referred to the Enforcement Services Unit of the National Employment Rights Authority (NERA), which may, in certain circumstances, make an application to the Courts for an order on his/her behalf.
In deciding whether or not to intervene in the Minister’s name, NERA would have regard to the amount of the award, the potential for achieving a favourable outcome for the claimant and the scale of the costs likely to be incurred in doing so.
The enforcement of a Circuit Court order whether directly obtained by the employee, their Union or NERA is the responsibility of the relevant County Sheriff and my Department has no capacity to intervene.
Requests for the enforcement of such awards should be sent to:
Enforcement Services Section, National Employment Rights Authority (NERA), O'Brien Road, Carlow.
Tel: 0599178990 Lo-call: 1890 80 80 90
Further information will be available from the new single website which has now replaced the previous 5 websites of the individual Employment Rights bodies.;www.workplacerelations.ie
