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Dáil Éireann debate -
Thursday, 10 Feb 2000

Vol. 514 No. 2

Written Answers. - Employee Rights.

Noel Ahern

Question:

56 Mr. N. Ahern asked the Tánaiste and Minister for Enterprise, Trade and Employment the regulations in relation to the rights of an employee to get a reference from an ex-employer; the procedure or practices in this area; if an individual has any rights to query or be advised of character references given about an ex-employee to a new prospective employer; and if she will make a statement on the matter. [3490/00]

There is currently no entitlement under employment protection legislation administered by my Department that provides specifically for an employer to provide an employee, a former employee, a prospective employer or another employer with a written or oral reference. Likewise, there is no entitlement under employment protection legislation requiring that an individual be advised of information about himself or herself as may be contained in such a reference.

No action lies against an employer for refusing to furnish a certificate of character in respect of an employee leaving employment. An employer who gives a reference which he or she knows to be untrue may, however, be liable in deceit and may be open to legal action by an offended or injured party.

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