Gay Mitchell
Question:93 Mr. G. Mitchell asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps open to a person, details supplied, in Dublin 12 to ascertain her rights in relation to dismissal. [19395/01]
Written Answers. - Employees' Rights.
The Minimum Notice and Terms of Employment Acts, 1973 to 1991, provide that, employees in continuous service with the same employer for at least 13 weeks and who are normally expected to work at least eight hours a week are entitled to a minimum period of notice before the employer may dismiss them. In this context, a person with ten months service would be entitled to one week's notice.
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. To qualify under these 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, as the length of service is ten months, that the person concerned would not qualify under the Unfair Dismissals Acts. However, if she feels that she has been unfairly dismissed, she may refer the matter to a rights commissioner of the Labour Relations Commission under the Industrial Relations Act, 1969. A rights commissioner investigation is, however, voluntary and requires the consent of both parties.
More detailed information on the unfair dismissal legislation and copies of the relevant application form for bringing a claim to the rights commissioner may be obtained by contacting the employment rights information unit of my Department at, 65a Adelaide Road, Dublin 2 or by telephoning the Unit at (01) 631 3131, Lo-call 1890 220222, where staff would be happy to assist.