Award made under unfair dismissals legislation was not a wage-related payment for the purposes of Insolvency Payment Scheme

Court of Appeal - appeal of a decision of the High Court to refuse to quash a decision of the Minister for Social Protection determining that an award made by the Circuit Court was a wage related payment for the purposes of the Insolvency Payment Scheme - appellants were unfairly dismissed - Circuit Court, on appeal, gave a financial award to the appellants - receiver appointed to the notice party prior to the hearing of the Circuit Court appeal - whether the awards made by the Circuit Court constitute a debt within the meaning of the exception provided for in s. 6 (4) of the Protection of Employees (Employers Insolvency) Act, 1984 in circumstances where the order of the Circuit Court is silent as to how the amount of the award in each case was arrived at - whether the awards made by the Circuit Court are subject to the “cap” of €600 per week and the limit of 104 weeks as prescribed by s. 6 (4) of the Act - the Minister does not enjoy a discretion as to whether or not to pay what “is or was due" - once there is a sum properly considered to be “due” in respect of the debt it must be paid, subject to the limitation of s. 6(4) of the Act - awards made by the Circuit Court to the appellants were not made by reference to a multiple of the gross weekly remuneration - round figure awards were made instead - award in each case is not one which “is or may be calculated by reference to the employee’s remuneration” in order to bring in within s. 6 (4) of the Act - each award is a debt within the mandatory provision of s. 6 (1) of the Act and therefore payable in full - Court to hear submissions on the appropriate Orders to be made - appeal allowed.