161 Mr. S. Brennan asked the Minister for Enterprise and Employment his views on the loophole in employment laws which allows an employer to dismiss temporary staff just before they qualify for permanent status; and if he will make a statement on the matter. [14899/95]
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 services to qualify for protection under the legislation. The Unfair Dismissals Acts, 1977 to 1993, provide that, in general, an employee must have worked continuosly 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 Act, 1994, or where dismissal resulted from the employee's trade union membership.
The Unfair Dismissals (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.
