Dáil Éireann Debate, Thursday - 24 May 2012
101 Deputy Jack Wall asked the Minister for Jobs, Enterprise and Innovation the position regarding an award in respect of a person (details supplied) in County Kildare; if he is responsible for the stated payment; if not, the mechanism available to the person to obtain their rights as determined in regard to this matter; and if he will make a statement on the matter. [26084/12]
Amharc ar fhreagraWhere a Rights Commissioner has made a decision under the Organisation of Working Time Act and this decision has not been complied with, an employee may seek enforcement through the Labour Court by submitting a complaint in relation to the employers non-compliance to the Labour Court. The general time limit for compliance by an employer is six weeks.
Where a Rights Commissioner has made a decision under the Unfair Dismissals Acts and the decision has not been complied with, an employee may seek enforcement by presenting a claim for implementation of a Rights Commissioners Decision to the Employment Appeals Tribunal. The general time limit for compliance by an employer is six weeks.
Where an award or a determination is made or affirmed in favour of an employee by the Labour Court or the Employment Appeals Tribunal and the employer fails to comply, an employee or his/her trade union may then make an application to the Courts Service for an Order directing the employer to carry out the determination.
Where an employee is not in a position to do so, the Minister for Jobs, Enterprise and Innovation may, in certain circumstances, make an application to the Circuit Court for an Order on the employee's behalf. Such applications can be directed to the Enforcement Services Unit of the National Employment Rights Authority, O'Brien Road, Carlow for consideration.
