asked the Minister for Labour the number of cases initiated under the Unfair Dismissals Act for each of the last three years; the number of cases proceeded with; the number of cases not proceeded with; the number of cases heard before a rights commissioner; the number of rights commissioners' findings appealed; the number of people found to have been fairly dismissed; the number of people found to have been unfairly dismissed; where dismissals were found to be unfair, the number of cases of: (a) re-instatement (b) re-engagement or (c) financial compensation; if he has any plans to increase the maximum of two years salary or wages compensation for losing a job; if he will consider removing this maximum; where dismissals are proved to be unfair, whether there is a tendency to award financial compensation rather than re-instatement or re-engagement; if he will consider amending the Act to ensure that where dismissals are proven to be unfair that re-instatement or re-engagement are provided for unless there are very compelling reasons not to do so, and that any such reasons be stated in recommendations or determinations; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Unfair Dismissals Act.
The statistical information requested by the Deputy regarding claims initiated under the Unfair Dismissals Act, 1977, before the Employment Appeals Tribunal and the rights commissioners for the last three years is contained in the tabular statement circulated with the Official Report.
In regard to the question of the tendency to award compensation rather than re-instatement, I am sure the Deputy will agree that there are many instances where re-instatement would not be in the best interests of either party when it follows, as many of these cases do, a period of difficult relationship. The issues raised by the Deputy in the latter part of his question have been examined in the course of a review of the operation of the Unfair Dismissals Act, 1977, which was recently completed by my Department. I hope to obtain Government approval shortly for an amending Bill.
Following is the statement:
Employment Appeals Tribunal.
|
1983 |
1984 |
1985 |
|
|
No. of cases initiated under Unfair Dismissals Act |
1,120* |
1,062* |
998* |
|
No. of cases proceeded with |
737 |
959 |
983 |
|
No. of cases not proceeded with |
239 |
283 |
287 |
|
No. of rights commissioners' findings appealed |
144 |
71 |
55 |
|
No. of people found to have been unfairly dismissed |
193 |
272 |
332 |
|
No. of people found to have been fairly dismissed |
372 |
540 |
466 |
|
No. of re-instatements |
8 |
27 |
32 |
|
No. of re-engagements |
15 |
36 |
57 |
|
Financial compensation |
166 |
202 |
239 |
|
No compensation was awarded in claims where the dismissal was unfair |
4 |
7 |
4 |
* Excludes appeals against the recommendation of rights commissioners.
Note: Cases initiated in one year are not always proceeded with in the same year. Under the heading ‘Cases Proceeded With' cases withdrawn during hearing are not included.
Rights Commissioners: The number of cases heard by the rights commissioners in 1983, 1984 and 1985 was 460, 358 and 343 respectively.