Vol. 533 No. 3
68 Mr. P. Carey asked the Tánaiste and Minister for Enterprise, Trade and Employment the redress a person (details supplied) in Dublin 11 has in view of the fact that she left her place of employment due to alleged harassment; if she is entitled to the payment of a back week; and if she will make a statement on the matter. [9052/01]
In general, the Unfair Dismissals Acts, 1977 to 1993, protect employees from being unfairly dismissed from their jobs and provide redress for employees who have been found to be unfairly dismissed. It can also be construed as dismissal if a person's conditions of work are made so difficult that he or she feels obliged to leave. This is called constructive dismissal. In general, to qual ify for redress under the Unfair Dismissals Acts, an employee is normally expected to work at least eight hours per week and have at least one year's continuous service.
It would appear from the details supplied in this case, that the employee concerned would not qualify for entitlements under the Unfair Dismissals Acts. However, if she feels that she has been unfairly dismissed, she may refer the matter to a Rights Commissioner under the Industrial Relations Act, 1969. A rights commissioner investigation is, however, voluntary and requires the consent of both parties. Alternatively it is open to the individual to seek legal advice if she feels that her former employer is in beach of the terms of their contract of employment. This matter would of course be pursued in the civil courts.
The payment of a back week is dependant on an individual's mode of payment. The Terms of Employment (Information) Act, 1994, requires an employer to provide an employee with a written statement of certain particulars of the employee's terms of employment. This statement should include, among other things, such particulars as the rate of remuneration or method of calculating remuneration and whether remuneration is paid weekly, monthly or otherwise.
In addition the Payment of Wages Act, 1991, provides a right of complaint to a rights commissioner for any employee who has had an unlawful deduction made from wages and this includes non-payment of wages. A complaint must be presented to a rights commissioner within six months of the non-payment which gave rise to the complaint. If the individual concerned feels that she is due wages in respect of a back week she may initiate a complaint to a rights commissioner under this Act.
Detailed booklets-leaflets on individual items of legislation are available on request from the employment rights information unit of my Department. Should the individual concerned require more detailed information or further clarification on any of the matters referred to she may contact the information unit at (01) 631 3131 or on Lo-call 1890 220222 where staff will be happy to assist. Booklets are also available on my Departments website at www.entemp.ie.
