Skip to main content
Normal View

Dáil Éireann debate -
Tuesday, 20 Jun 1944

Vol. 94 No. 5

Ceisteanna—Questions. Oral Answers. - Insurance (Intermittent Unemployment) Act, 1942.

asked the Minister for Industry and Commerce if he has received any complaints (including minority reports from courts of referees) in respect of the administration of the provisions of the Insurance (Intermittent Unemployment) Act, 1942; whether he is satisfied that the Act is being administered completely in accordance with the original purpose or whether defects in its provisions have become apparent which may require to be dealt with by amending legislation.

As the Deputy is probably aware, this is the first country to adopt a State scheme for meeting the problem of "wet-time" in the building industry. The scheme is embodied in the Insurance (Intermittent Unemployment) Act, 1942, benefits under which became payable as from the 28th June, 1943. The inauguration and progress of the scheme have been remarkably smooth. Its operation is being closely watched by my Department with the view of ascertaining whether any amendments are desirable, but no serious defects have so far come to light. I am satisfied that the Act is being administered in accordance with the original purpose. No complaints have been received, but there have been many informal expressions of satisfaction.

The Act provides procedure for the settlement of disputed questions as to title to supplementary benefit. The number of such questions has been comparatively small. In all but four cases, the recommendations made by courts of referees on questions referred to them have been unanimous. In each of the four cases referred to, the question was whether the stoppage of work was unavoidable owing to inclement weather. The majority recommendation was that it was not and that supplementary benefit be disallowed. In each case the workers' representative on the court disagreed. The insurance officer has accepted the majority recommendation in one case and supplementary benefit has accordingly been disallowed. If the trade union to which the worker belongs is dissatisfied with this determination, it has a right of appeal to the umpire. The other three cases have not yet been determined. I am satisfied in these cases that there has been no avoidable delay.

If the Deputy has any matter in mind not covered by this reply, I should be glad to have particulars.

My purpose in putting down this question was to draw attention to certain complaints, especially in regard to the determination as to whether the weather was such as to justify a stoppage of work or not. There are many cases where the determination seems to be a matter of the employer's opinion, which seems to be accepted by the court of referees. I think that some other form of machinery might be devised, in order to prevent any likelihood of an actual stoppage of work over the grievances of the men being denied.

The four cases in which there was not an unanimous recommendation related to the question whether the inclement weather justified the stoppage of work for the whole day. In one case, the workers did not appear for work at all, although the weather cleared up an hour after work would normally have started. In another case, the weather cleared up at mid-day, but the workers had gone home and were not available for work in the afternoon. It is on this type of case that the question of a decision as to whether the stoppage of work was due to inclement weather or not has arisen. In one case a final determination has been made, and in that case the union concerned can exercise a right of appeal to the umpire, but no appeal has yet been lodged. It will take some time to get a series of decisions on record for the guidance of the officers administering the Act in future.

One of the difficulties is that where the work is stopped on account of inclement weather, there seems to be some expectation on the part of employers that the workers should stand by all the time, though that is impracticable, if they are at a place where they may have to stand idle without any shelter.

Ordinarily, the obligation is on the worker to be available for employment, if the weather permits.

The purpose of the Act is to protect his health.

The purpose of the Act is to prevent his losing income through bad weather.

Top
Share