Dáil Éireann debate -
Thursday, 9 Dec 1993

Vol. 437 No. 1

Written Answers. - Minimum Notice Claim.

Richard Bruton

Question:

88 Mr. R. Bruton asked the Minister for Enterprise and Employment if his attention has been drawn to the case (details supplied) in which a claim for minimum notice was rejected by the Employment Appeals Tribunal on the grounds that ships articles under the Merchant Shipping Act, 1894 took precedence over the Minimum Notice Act; if his attention has been further drawn to the fact that his Department encouraged workers to take this case, despite the legal impediment, at significant cost to the workers involved; and if he will make a statement on the matter.

Minister for Enterprise and Employment (Mr. Quinn)

The Deputy will appreciate that, as the Employment Appeals Tribunal is an independent body, it would not be appropriate for me to comment on its findings. In normal circumstances, cases decided by the Employment Appeals Tribunal under the Minimum Notice and Terms of Employment Act, 1973, would come to the attention of my Department only if there was a complaint about non-implementation of a Tribunal determination.

I am advised that, in the case referred to by the Deputy, the Tribunal, having examined the issue of whether or not the claimants were precluded from claiming minimum notice because of the requirements of the Merchant Shipping Act, 1894, disallowed the claim and noted that each of the claimants had been formally put on notice that the terms of the Minimum Notice and Terms of Employment Act, 1973 did not apply.

The policy of my Department in relation to providing responses to inquiries from persons seeking information about entitlements under labour legislation, including the Minimum Notice and Terms of Employment Act, 1973, is to inform those persons of the provisions of the relevant legislation, including, where appropriate, the provisions relating to the employments excluded from the legislation.

In cases of doubt about qualification for entitlement under the Minimum Notice and Terms of Employment Act 1973, persons are informed of the right of appeal to the Employment Appeals Tribunal. It would, however, be a matter for the party concerned or their representatives to decide whether or not to refer the matter to the Tribunal for determination.