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Employment Rights

Dáil Éireann Debate, Tuesday - 11 February 2014

Tuesday, 11 February 2014

Questions (273)

Joe Higgins

Question:

273. Deputy Joe Higgins asked the Minister for Jobs, Enterprise and Innovation if he will intervene in the dispute at a supermarket (details supplied) in County Limerick so the workers may secure all pay and redundancy payments and receive full assistance in gaining further employment. [6777/14]

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Written answers

In the case of the employees referred to by the Deputy, I am happy to report that the dispute has been resolved, that the employees have received payments in respect of redundancy and outstanding pay and that they ended their sit-in of the premises last Thursday. The employees concerned had been in contact with the National Employment Rights Authority (NERA) and were provided with information on their employment rights.

The body of employment rights provides a number of protections that enable employees to obtain their pay and redundancy entitlements in situations where their employer has failed to make payment. The Payment of Wages Act 1991 provides certain rights to employees as well as providing a method of obtaining redress if their rights have been breached. Where wages and payments in lieu of annual leave untaken are due or any public holiday benefit outstanding, a case can be taken to the Rights Commissioners Service (RCS) under this Act. Cases must be referred to the Rights Commissioners Service within six months of the non-payment.

Where an employer fails to comply with the redundancy payment/minimum notice obligation or where there is a dispute regarding entitlements, claims may be referred by the employee to the Employment Appeals Tribunal (EAT).

Redundancy Claims to the EAT must be made within 52 weeks from

(i) the date of dismissal or,

(ii) the date of ending of contract of employment.

Further details on taking a case are available on the Workplace Relations Customer Services website www.workplacerelations.ie or from their Information Service at 1890 80 80 90. Complaints to the RCS and the EAT can be submitted using the online form available on the website.

Furthermore, the services of the Labour Relations Commission and if appropriate the Labour Court are available and at the disposal of parties to any such dispute.

The administration of the Redundancy Payments area is within the remit of my colleague the Minister for Social Protection Joan Burton TD who has advised that it is the responsibility of the employer to pay statutory redundancy to all eligible employees. Where an employer can prove to the satisfaction of the Department of Social Protection that he/she is unable to pay statutory redundancy to his/her eligible employees that Department will make lump sum payments directly to those employees. Such payments are made from the Social Insurance Fund and result in a debt being raised against the employer which the Department of Social Protection will seek to recover.

With regard to the job activation measures in place, a protocol is in place between my Department, the Department of Social Protection, IDA Ireland, Enterprise Ireland and the County Enterprise Boards/LEO's to maximize recruitment from the Live Register. My colleague the Minister for Social Protection has advised that in co-operation with a range of other Departments and Agencies, the Department of Social Protection are actively engaged in supporting people of working age to avail of opportunities to get back to work, education or training, to help them provide for themselves and their families and participate in society. A social contract is created, between the person applying for a payment and the State, which will set out the rights and responsibilities of each party. Under this agreement, the individual must commit to engage with the employment advice, placement and training referral services provided by my Department.

My Department is focused on maximising employability by providing targeted income support, training referral, development and employment services, based on individual needs and circumstances and working with other Departments/Offices, agencies (both national and international), employers and stakeholders in providing client centred services.

Because of the varying qualifying conditions for the different supports, persons making claims to jobseeker’s payments should discuss their own individual circumstance with the INTREO Office staff when making claims or in their subsequent meetings.

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