Dáil Éireann Debate, Tuesday - 1 May 2012
303 Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation if he will intervene and enforce under section 10 of the Unfair Dismissals Acts 1977-2007 a determination from the Employment Appeals Tribunal in respect of a person (details supplied) in Dublin 17; and if he will make a statement on the matter. [21512/12]
Amharc ar fhreagraFollowing previous representations in December 2011, I had already requested the National Employment Rights Authority (NERA) to intervene on my behalf in this matter and seek enforcement of the €50,000 award. In this instance, prior to NERA's involvement, the case had already been brought before the Circuit Court and a Court Order was issued by the Dublin Circuit Court dated 4 May 2011. An Execution Order dated 7 June 2011 contains a certificate from the Sheriff of the City of Dublin dated 11 July 2011 indicating he was unable to enforce the judgement as the business named on the execution order had ceased trading.
Following NERA's intervention, the company's solicitor wrote to NERA stating that the company "is no longer trading and ceased any trading operations in or about September 2010. The only remaining assets in the Company are secured by a debenture in favour of its bankers." NERA has established that a petition to wind up the company was made to the High Court last November. In the circumstances outlined, unfortunately, it is unlikely that the award made can be enforced. It is my intention this Autumn, in the context of the forthcoming Workplace Relations Bill, to consider how a new and more effective method of enforcing these awards can be developed.
