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Dáil Éireann díospóireacht -
Tuesday, 18 Dec 1990

Vol. 404 No. 1

Written Answers. - Implementation of Employment Appeals Tribunal Decision.

Tony Gregory

Ceist:

121 Mr. Gregory asked the Minister for Labour if he will use his powers under section 10 (1) of the Unfair Dismissals Act, 1977, to have a determination of the Employment Appeals Tribunal implemented in a case (details supplied) one-and-a-half years after the decision of the tribunal; and if there is any action he can take to shorten the long delay involved in this and similar cases.

Following failure by the employer concerned to pay the award made by the Employment Appeals Tribunal under the Unfair Dismissals Act, 1977, the employees referred the matter to my Department in accordance with section 10 (1) of the Act which empowers the Minister for Labour to institute proceedings for the recovery of such sums. The employer company was no longer trading at its known address although not in receivership or liquidation. Legal searches revealed no assets in its ownership. Legal advice was sought on the question of instituting proceedings and my legal advisers have requested further detailed information. My Department is currently conducting inquiries with the help of the employee. In circumstances such as these where an employer appears to have ceased trading and to have no assets it is difficult to bring a successful prosecution. My Department takes all feasible action in such cases in an attempt to bring them to a successful conclusion.

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