Dáil Éireann díospóireacht -
Tuesday, 18 May 1993

Vol. 430 No. 8

Written Answers. - Unfair Dismissal.

Austin Currie

Ceist:

155 Mr. Currie asked the Minister for Enterprise and Employment when a person (details supplied) in Dublin 10 will have a resolution of his unfair dismissal and holiday pay problems; and if he will make a statement on the matter.

Minister for Enterprise and Employment (Mr. Quinn)

The Employment Appeals Tribunal made an award of re-instatement to the employee concerned under the Unfair Dismissals Act, 1977. When the employer failed to implement the determination, the employee made a complaint to my Department. My Department referred the matter to the Chief State Solicitor's Office for consideration as to the institution of legal proceedings.

I have now been advised that, as the employer in this case has ceased trading, the re-instatement of the employee, as awarded in the determination, would now not appear to be possible. However, my Department is currently consulting with the Chief State Solicitor's Office to establish if there is any other means by which the determination might be implemented.

The employee concerned also made a complaint to my Department that he had not been paid his holiday entitlements under the Holidays (Employees) Act, 1973. Having investigated this complaint, my Department referred it to the Chief State Solicitor's Office to consider the institution of legal proceedings against the employer.

Legal proceedings were issued and the case was heard in the District Court in January, 1993. While the court was told by solicitors acting for the employer that the company had ceased trading, and could not offer anything towards holiday money, the employer was convicted of offences under the Act and ordered to pay the employee £151.16 for holiday entitlements due.

Unfortunately, as the company has ceased trading, there are no assets from which to recover the sums owing. My Department is currently examining the situation in consultation with the Chief State Solicitor's Office in conjunction with the examination of the employee's unfair dismissals complaint. My Department will keep the employee informed of any developments as they may arise.