Dáil Éireann díospóireacht -
Tuesday, 30 Nov 1993

Vol. 436 No. 4

Written Answers. - Unfair Dismissals.

Ivor Callely

Ceist:

121 Mr. Callely asked the Minister for Enterprise and Employment if his attention has been drawn to the concerns of employees who feel that employers purposely cease their employment within 12 months to avoid his Department's regulations; and if he will make a statement on the matter.

Minister for Enterprise and Employment (Mr. Quinn)

I assume that the Deputy is referring to the Unfair Dismissals Acts, 1977 to 1993, which is the labour protection legislation which specifies that, in general, an employee must have one year's service in order to qualify for protection under the legislation. The Unfair Dismissal Acts, 1977 to 1933, provide that, in general, an employee must have worked continuously for the same employer for one year before he or she becomes eligible to claim redress for unfair dismissal. 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 of Employee's Act, 1981, or where dismissal resulted from the employee's trade union membership.

The Unfair Dismissal (Amendment) Act, 1993, which came into effect on 1 October 1993, introduced specific antievasion provisions in relation to the length of service requirements. The new provisions provide that a rights commissioner or the Employment Appeals Tribunal, in determining if an employee has the necessary service, may consider whether the employment of a person on a series of two or more contracts of employment, between which there was no more than 26 weeks of a break, was for the purpose of avoidance of liability by the employer under the legislation. Where it is so found, the length of the various contracts may be added together to assess the length of service of an employee for eligibility under the Acts.

Similar provisions apply in relation to a person who is employed on second or subsequent fixed term or specified purpose contracts with the same employer. In those cases, the rights commissioner or the Employment Appeals Tribunal are empowered to add together the service of an employee, if they consider that the employment of a person on such contracts, between which there was no more than three months of a break, was for the purpose of avoidance of liability under the legislation.