Vol. 542 No. 1
49 Mr. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment if a person (details supplied) in County Kildare has entitlements under the unfair dismissal legis lation; and if she will make a statement on the matter. [23600/01]
To qualify for entitlements under the Unfair Dismissals Acts, 1977 to 1993, an employee is normally expected to work at least eight hours per week and have at least one year's continuous service. If the individual referred to by the Deputy satisfies these conditions, he may refer his claim to a rights commissioner or to the Employment Appeals Tribunal for investigation under the Unfair Dismissals Acts, 1977 to 1993. The Acts provide that a claim for redress must be brought within six months of the date of dismissal. However, if a rights commissioner or the Employment Appeals Tribunal is satisfied that exceptional circumstances prevented the claim from being made within the six months period, a claim may be made within such period not exceeding 12 months, as the rights commissioner or the Employment Appeals Tribunal may consider reasonable.
The legislation, which is administered by my Department, is designed to protect employees from being unfairly dismissed from their employment and to provide redress for those employees found to be unfairly dismissed. This includes situations where conditions of work are proven to be so difficult that an employee is justified in terminating their contract of employment. Such a termination must, however, be justified by the employee concerned. This situation is described as constructive dismissal.
An explanatory booklet on the Unfair Dismissals Acts, 1977 to 1993, may be obtained on my Departments website at www.entemp.ie or by contacting the employment rights information unit of my Department at 01-631 3131 or on Lo-call 1890 201 615, where clarification on the particular matter or on any matter relating to employment rights legislation is available.
