asked the Minister for Labour if the Government have yet concluded their consideration of possible reforms of the Unfair Dismissals Act 1977; if it intended to introduce any amendments to the Act; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Unfair Dismissals Act Review.
6.
The discussion document which I published in November 1987 dealt, among other matters, with the options for change in relation to the Unfair Dismissals Act, 1977. Following receipt of the observations of the FIE and the ICTU and other interests on the issues raised, a review of the legislation has taken place in my Department. Arising from the review, I hope to put proposals for legislative action before the Government shortly.
Is the Minister aware of the widespread practice in industry and in the services of circumventing the terms of the Act by terminating employment in advance of the one year required by the Act, by setting specific short-term contracts and generally avoiding the legislation provisions by the repetition of these short-term contracts and dismissing people at will?
From time to time I have received representations in regard to some firms who do that, but I am not aware of any large number of employers circumventing the provisions of the Act in this way. The Deputy referred to the one year period. That is the length of time employers feel they need to judge an employee. I know the Congress of Trade Unions and others would like that to be a far shorter period, whereas employers' organisations argue that it should be double that. I consider that a year is not unreasonable. Six months to a year were always probationary periods in employment.
On the second point raised by the Deputy, I have noticed an increase in the setting of short-term contracts and that is a matter that we are keeping an eye on.
In addition, does the Minister not agree that people working less than 18 hours a week are the most vulnerable to dismissal, the most unprotected, in many cases not in membership of trade unions? The fact that the Act does not cover people who work less than 18 hours per week is a major defect in the Act. Does the Minister intend to address that specifically when he brings forward the proposals he has mentioned? Can the Minister give me a more specific idea of when we might expect such proposals?
The answer to the first question is yes. In regard to the second, there are now three other Bills. Certainly the Bill in regard to industrial relations reform will be dealt with first. I hope to be able to take the other sometime between the Christmas and summer sessions.
Will it cover unfair dismissals by trade unions?
A fair point.