EX Clare TD to use 'termination payment' to pay former employee who was unfairly dismissed

Former independent Clare TD, Violet Anne Wynne has told a court that she hopes to use her Dail termination payment towards the €11,500 she owes in a Workplace Relations Commission award to a former employee.

At Ennis District Court, Ms Wynne told Judge Alec Gabbett that it is her intention to pay the award but that her “financial circumstances” have prevented her from doing so to date.

Ms Wynne said that the non-payment of the €11,500 award “wasn’t something I had set out to do”.

She gave her undertaking in response to an enforcement application from her ex-constituency office worker, Fiona Smyth for a Determination Order from the court that Ms Wynne pay the outstanding monies.

Judge Gabbett said that he would grant the Determination Order for the amount of €11,500 in favour of Ms Smyth. In doing so, he warned Ms Wynne that with the determination order, she will be subject to criminal sanction if it remains unpaid.

READ ALSO: ALERT: Gardai seek witnesses after front door of home in rural Clare is damaged

Ms Smyth told Judge Gabbett that he had discretion to apply interest to the award and that she was also asking that interest be added to the €11,500 sum.

In response, Ms Wynne said: “I would be concerned about that. I don’t have current employment and I just think that if I was to account for interest, I don’t know where that would leave me and my family especially at this point in time.”

Judge Gabbett said that out of fairness, interest should not be applied to the award as it is a short period after the WRC decision and that Ms Wynne has accepted that she must pay the €11,500.

Ms Smyth told the Judge that she was making the application as Ms Wynne had failed to pay the €11,500 award within 56 days.

In August, the WRC ordered Ms Wynne to pay the €11,500 after finding that Ms Smyth was unfairly dismissed by Ms Wynne.

The former politician - who received a TD’s annual salary of €113,679 - lost her seat in the recent General Election in Clare receiving only 310 first preference votes where she stood as an independent candidate. She won her seat in the 2020 General Election vote when she topped the poll as a Sinn Fein candidate.

In court on Friday, Judge Gabbett asked Ms Wynne how much time she required to pay the award.

In reply, Ms Wynne said: “I am no longer a TD.”

In response, Judge Gabbett said: “That is unfortunate.”

Ms Wynne said: “I am not 100% certain - I have been informed by the House of the Oireachtas that I will receive a termination payment and I am hoping to be able to use that to pay.”

The mother-of-six said her financial circumstances have been impacted as her partner had started a company but has not been able to partake in any work currently.

Judge Gabbett said: “You intend to pay?”

In response, Ms Wynne said: “Absolutely.”

Judge Gabbett said: “Once you are in funds you will pay?”

In reply, Ms Wynne said: “Yes.”

Ms Smyth asked that Judge Gabbett apply an attachment order to Ms Wynne’s earnings as part of his order.

Judge Gabbett said that might be difficult as Ms Wynne has lost her seat and is an office holder rather than an employee.