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Dáil Éireann díospóireacht -
Wednesday, 3 Oct 2001

Vol. 541 No. 2

Written Answers. - Employment Award.

Willie Penrose

Ceist:

174 Mr. Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason an award of £700, under the Minimum Notice and Terms of Employment Acts, 1973 to 1991, and the Payment of Wages Act, 1991, has not been paid to a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [20956/01]

The case under reference was the subject of a determination of the Employment Appeals Tribunal in July 2000 (Minimum Notice and Terms of Employment Acts, 1973 to 1991) and a Rights Commissioner's decision in May 2000 (Payment of Wages Act, 1991).

Under the terms of the Minimum Notice and Terms of Employment Acts, 1973 to 1991, an employer must carry out a decision of the tribunal within six weeks, unless the decision is under appeal to the High Court on a question of law. If an employer fails to implement such a decision, the employee's trade union or the Minister may institute proceedings on behalf of the employee seeking payment of the award made by the tri bunal. As regards this case no approach has been made to my Department. Enforcement of awards of this nature may be pursued through the employment rights section of my Department. In such cases my Department refers the matter to the Chief State Solicitor's office for legal advice as to the enforceability of the decision, and, if so enforceable, for its consideration as to the appropriate legal steps to take to enforce the award. I understand that the employer is resident outside of the Irish jurisdiction and in these circumstances it may prove very difficult to enforce the particular award. However, further clarification on the matter may be obtained from the enforcement and prosecution unit of my Department, at (01) 6313019 or on Lo-call 1890 220222.
The Payment of Wages Act, 1991, provides that a decision of a rights commissioner may be enforced as if it were an order of the Circuit Court made in civil proceedings by the judge of the Circuit Court where the person, in whose favour the rights commissioner made the decision, resides.
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