asked the Minister for Labour if he is aware that dismissed employees are having difficulties in complying with the six months "start of claims rule" in section 8 of the Unfair Dismissals Act, 1977, as a result of the interruption in the postal services during the past year, including the loss of mail in transit due to robberies and so on and that difficulties arise where the notice has not been delivered in the post to all parties; and if it is proposed to amend the law to extend the period of six months for making claims or to give the Employment Appeals Tribunal discretion to accept claims within a year of dismissal.
Ceisteanna—Questions. Oral Answers. - Unfair Dismissals Act.
26.
Section 8 (2) of the Unfair Dismissals Act, 1977 provides that a claim for redress under the Act shall be made to a rights commissioner or the Employment Appeals Tribunal within six months of the date of dismissal and that a copy should be served on the employer within the same period.
The six months period was decided upon so as to give time to claim to a dismissed employee who was not immediately aware of his rights under the Act and also to ensure that the case would be dealt with when the relevant facts were reasonably fresh in all minds. Six months should also allow sufficient time to enable the voluntary grievance procedures within a firm where such procedures are in operation to be used before an employee would avail of the Act.
One of the forms of redress under the Unfair Dismissals Act is reinstatement. If this is to be effected successfully it is essential that the shortest possible time should elapse between dismissal and reinstatement. Otherwise the job could be filled by another person who in turn might have a claim under the Act or otherwise.
Because of the postal dispute a number of claims were received late by the the Employment Appeals Tribunal. I am informed that all but two of these cases have been resolved by the tribunal to the satisfaction of both sides and that discussions are taking place on the two outstanding cases.
No complaint has been made to me or to the Employment Appeals Tribunal about difficulties in complying with the six months period because of loss of mail in transit.
Accordingly, I do not consider that a change in the law is necessary to deal with the situation indicated in the question.
Is the Minister telling the House that despite the six month rule the tribunal has exercised a discretionary function in this matter and has handled cases that came in late and is in the process of resolving them?
I said that because of the postal dispute a number of cases were received late by the Employment Appeals Tribunal and all but two of them have been resolved to the satisfaction of both sides. Those two cases are under consideration. That is a tribute to the tribunal and to the flexibility that exists there.