Vol. 526 No. 3
153 Mr. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment if correct procedures were followed in the case of a person (details supplied) in County Kildare whose employment was terminated while on certified sick leave; and if she will make a statement on the matter. [26238/00]
In general, the Unfair Dismissals Acts, 1977 to 1993, protect employees who have at least one year's continuous employment with the same employer and who are normally expected to work at least eight hours per week from unfair dismissal and provide redress for employees who have been found to be unfairly dismissed.
If the employee in question considers that her employer is in breach of the unfair dismissal legislation, she may refer a claim in that regard to either a rights commissioner or the employment appeals tribunal. In reaching a determination on the facts of the particular case consideration would be given to the capability of the person to perform work of the kind she was employed to do and to the procedures which were followed prior to the termination of the contract of employment.
More detailed information on the unfair dismissal legislation and copies of the relevant application forms for bringing a claim to the rights commissioner or to the employment appeals tribunal may be obtained by contacting the employment rights information unit of my Department at 65a Adelaide Road, Dublin 2 or by telephoning the unit at (01) 631 3131 – Lo-call 1890 220222, where staff would be happy to assist.
