Enforcing unpaid unfair dismissal awards
Taylor raised the difficulty and expense of recovering unpaid awards. The Minister said claimants can refer cases to the Employment Appeals Tribunal and that the Minister may pursue enforcement in court without leaving employees liable for costs.
asked the Minister for Labour if he is aware of difficulties being experienced by successful claimants under the Unfair Dismissals Act, 1977, where a recommendation is secured under the Act from a rights commissioner which is neither appealed against nor implemented by the employer (particularly where the employer is a company) and of the problems associated with securing the payment of compensation; and if he is further aware that the cost to employees in obtaining legal assistance to secure compensation may exceed the payment eventually recovered in the Circuit Court; and if it is his intention to rectify this matter.
Comment on this
: A claimant who is awarded compensation under the Unfair Dismissals Act under a determination of a rights commissioner does not require to have recourse to the civil courts where the employer fails to pay. Such a person may refer his case to the Employment Appeals Tribunal. Where a determination of the tribunal is not implemented within a certain period of time, the Minister for Labour may take proceedings in the Circuit Court on behalf of the employee. In such a situation the employee is not liable for costs.
I am aware that difficulties may be experienced by employees in securing payment of unfair dismissal compensation where employers are insolvent and that even in cases where employers do pay compensation there may be delays in payment. My Department assist in reducing such delays and where satisfaction is not obtained within a reasonable period proceedings are initiated by the Minister for Labour to secure the employees' entitlements.
The only case in which an employee would be liable for costs is where he appeals against the substance of a determination of the Employment Appeals Tribunal to the courts of law.
The whole question of appeals procedures against determinations of the tribunal to the courts of law is being considered in the context of a comprehensive review of the Act which I have initiated.
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