asked the Minister for Labour if he is aware that the procedures under which the Employment Appeals Tribunal operates are causing considerable concern to employees seeking compensation; if it is intended to introduce legislation to simplify procedures to provide: (1) that the serving of a notice of claim on a rights commissioner, the tribunal or the employer within the prescribed period would be sufficient notice; (2) that a rights commissioner's recommendation would be a statutory recognition that a claim was made within the statutory period; (3) for an extension of the statutory period for making claims from six to 12 months at the discretion of the Employment Appeals Tribunal; (4) for a requirement in regulations that any question of dismissal, as a fact, should be determined by the tribunal before the tribunal considers if the termination or dismissal was unfair; and that (5) the requirement for a confirming notice under section 22(2) of the Maternity Protection of Employees Act should be deleted where the term of a written notice already given remains unchanged as to the date of resumption of work.
Ceisteanna—Questions Oral Answers . - Employment Appeals Tribunal .
: The Unfair Dismissals Act, 1977, is currently under review in my Department and I expect that proposals for amendment will be submitted shortly for my consideration. The first three points raised by the Deputy, relating to the making of claims, will be considered in the course of the review.
The fourth point raised in the question is already covered by the tribunal's procedures. Before the tribunal or rights commissioner will examine the fairness or unfairness of a dismissal, they must be satisfied by the claimant that he has been "dismissed" in accordance with the Act.
The final point raised by the Deputy concerns section 22(2) of the Maternity Protection of Employees Act, 1981. The notification and confirmation procedures are designed to facilitate employers in the orderly conduct of their business by enabling them to plan effectively in connection with absences from work arising out of pregnancy or childbirth. The operation of these procedures will be examined when the Maternity Protection of Employees Act is reviewed.
: Will the Minister give an indication when this legislation will be before the House?
: As the Deputy is aware, legislation of this nature will be considered by the social partners and it is my intention to ensure there will be no delay in that procedure. When unions, employers and interested parties have put forward their proposals and have listened to our submissions I will bring forward the legislation as quickly as possible.
: Is the Minister in a position to say if the present legislation is acting as a disincentive to employment in certain areas? Will the legislation he is considering bringing forward act to take away such disincentive to employment that may exist at the moment?
: The legislation is operating reasonably satisfactorily but problems have arisen from time to time. That is the reason for review of the legislation, which I hope will be done as quickly as possible.
: Will the Minister state what other changes he is contemplating in the Unfair Dismissals Act, 1977? Does he feel that the qualifying period is adequate to suit the present situation?
: Every aspect of the legislation will be considered. If we find the qualfying period is not adequate we will propose changes. At the moment the legislation has operated reasonably well in most cases but I will take on board the point made by the Deputy.
: Will the Minister give his opinion on the waiting time before one is covered by the legislation?
: I should not like to say anything about that untill we have had a through review of the legislation.