Ceisteanna—Questions. Oral Answers. - Unfair Dismissals Legislation. – Dáil Éireann (26th Dáil) – Thursday, 19 Dec 1991

Ceisteanna—Questions. Oral Answers. - Unfair Dismissals Legislation.

Alan Shatter

Question:

4 Mr. Shatter asked the Minister for Labour whether he will, in the context of preparing legislation to amend the Unfair Dismissals Act, 1977, implement a recommendation of the Employment Appeals Tribunal so that persons who are dismissed for querying their employers regarding proper returns of tax and RSI on their wages should be an excluded category under the 1977 Act in relation to the requirements of having one year's service at the date of dismissal; and if he will make a statement on the matter.

Tomás MacGiolla

Question:

14 Tomás Mac Giolla asked the Minister for Labour if he intends to publish the Review of the Unfair Dismissals Act, 1977 which has been completed by his Department; if he will outline the position in relation to the proposed amendments to the Act; and if he will make a statement on the matter.

Tomás MacGiolla

Question:

23 Tomás Mac Giolla asked the Minister for Labour the progress which has been made with regard to the implementation of the commitment, given in the Programme for Economic and Social Progress, to improve the operation of the Employment Appeals Tribunal and to amend the Unfair Dismissals Act, 1977; and if he will make a statement on the matter.

Mr. O'Kennedy

I propose to take Questions Nos. 4, 14 and 23 together. A discussion document reviewing the options for change in relation to the Unfair Dismissals Act, 1977 was published by my predecessor. A Bill to amend the Act is being drafted and will be brought before the Oireachtas as soon as possible. I expect that this will be early in the next session.

In response to the aspect raised by Deputy Mac Giolla, while I am not in a position at this stage to give details of proposed amendments to the 1977 Act, I can indicate that the Bill is likely to include certain proposals for changes in the procedures of the Employment Appeals Tribunal affecting unfair dismissal appeals.

As regards the specific issue raised by Deputy Shatter, I am aware that the tribunal, in the course of a determination made on 2 August 1990 suggested an amendment to the Act on the lines indicated by the Deputy. I will consider the suggestion in the context of the current legislative proposals.

Mr. Shatter

Would the Minister agree that the State has an interest in ensuring that where persons are employed, proper tax and RSI returns are made on wages? Equally, would the Minister not agree that those who are taken on in employment should be protected where they suspect that moneys being deducted from their salaries are not being returned? Finally, would the Minister agree that there is an anomaly in that they are open to being dismissed during the first year of employment if they discover that such an eventuality is taking place and report it to the authorities, that this is an injustice and that they should be afforded full protection under the Unfair Dismissals Act? Would the Minister not agree that he has an immediate interest in the matter?

Mr. O'Kennedy

I have informed the Deputy that I am considering the issue raised by him, which he has elaborated on now in the context of the current legislative proposals.

Mr. Shatter

Is the Minister going to do something about it?

An Ceann Comhairle

Let us hear the Minister's reply.

Mr. O'Kennedy

When I introduce the legislation, sooner rather than later, I will indicate to the House exactly what I propose to do in this area. The Deputy will appreciate that in the time available to me I have given him a clear signal that I am open on this issue.

Dáil Éireann debate - Thursday, 19 Dec 1991