Dáil Éireann debate -
Thursday, 21 Feb 2002

Vol. 549 No. 2

Written Answers. - Employment Legislation.

Noel Ahern

Question:

66 Mr. N. Ahern asked the Tánaiste and Minister for Enterprise, Trade and Employment the regulations in relation to labour law protection for an employee of less than one year duration; if there are protections against dismissal, constructive dismissal, or dismissals associated with health and safety issues; and if she will make a statement on the matter. [6258/02]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

There is no specific employment rights legislation to protect an employee from dismissal where he or she has less than one year's service with the same employer.

However, where an employee with less than one year's service is dismissed and feels that he or she has been unfairly dismissed, the employee concerned may refer the matter, as a trade dispute, for investigation by a rights commissioner of the Labour Relations Commission under the Industrial Relations Acts, 1969 to 1990. A rights commissioner's investigation is, however, voluntary and requires the consent of both parties.

The Unfair Dismissals Acts, 1977 to 2001, which are administered by my Department, protect employees from being unfairly dismissed from their jobs and provide redress for employees who have been found to be unfairly dismissed. This includes situations where conditions of work have proven to be so difficult that an employee is justified in terminating his or her contract of employment. Such a termination must, however, be justified by the employee concerned. This situation is described as constructive dismissal. To qualify under the Unfair Dismissals Acts, an employee must have at least one year's continuous service with the same employer. The requirement of a year's continuous service does not apply to an employee dismissed due to pregnancy or for exercising rights under the Maternity Protection Act, 1994, or where the dismissal results from the employee's trade union membership or activities.

Dismissals associated with health and safety issues would be open to adjudication by the rights commissioner service or the Employment Appeals Tribunal depending on the circumstances of particular cases. The Safety, Health and Welfare at Work Act, 1989, places a duty on an employee "to take reasonable care for his own safety, health and welfare and that of any other person who may be affected by his acts or omissions while at work."