Written Answers. - Industrial Relations.
Ned O'Keeffe
Ceist:
184
Mr. N. O'Keeffe
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
the statutory number of days notice which must be given in relation to notice of dismissal; if her attention has been drawn to the notice of dismissal which has been served on employees of a company (details supplied) in County Cork without discussion or notification to the union; and if this matter will be investigated.
[25190/03]
The Minimum Notice and Terms of Employment Acts 1973 to 2001 lay down minimum periods of notice to be given by an employer when terminating an employee's contract of employment. In general, the Acts apply in most employments and to employees who have at least 13 weeks' continuous service with the same employer. An employee with between 13 weeks and two years service is entitled to one week's notice; between two and five years service to two weeks; between five and ten years service to four weeks; between ten and 15 years service to six weeks and employees with over 15 years service are entitled to eight weeks notice of termination.
Disputes about such matters as the right to notice, length of notice, calculation of continuous service or dismissal due to misconduct may be referred to the Employment Appeals Tribunal. The tribunal, which includes representatives of employers' and workers' bodies, may investigate a dispute and give a decision on it. The tribunal may award compensation to an employee whose employer has not given the employee proper notice or who has not paid the employee during his or her period of notice. A party to proceedings before the tribunal may appeal to the High Court from a decision of the tribunal on a point of law. The Minister, at the request of the tribunal, may refer a question of law to the High Court for determination.
Under the Minimum Notice and Terms of Employment Acts, an employer must carry out a decision of the tribunal within six weeks, unless the decision is under appeal to the High Court on a question of law. If an employer fails to implement such a decision, the employee's trade union or the Minister may institute proceedings on behalf of the employee seeking payment of the award made by the tribunal.
More detailed information on the minimum notice legislation and copies of the relevant application form for bringing a claim 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 or lo-call 1890 220222 where staff will be happy to assist.
On 23 September 2003, the Tánaiste and Minister for Enterprise, Trade and Employment, Deputy Harney, was notified in a letter by the employers in question of the proposed redundancies in accordance with section 12 of the Protection of Employment Act 1977. Some 14 employees were involved.
Section 6 of the European Communities (Protection of Employment) Regulations 2000, S.I. No. 488 of 2000, provides that an employee or trade union may present a complaint to a rights commissioner that an employer has contravened section 9 of the Protection of Employment Act 1977 in relation to consultations with employees concerning proposed collective redundancies. A complaint may also be made under section 10 of the regulations in relation to the obligation on employers to provide information to the employees on this matter.
If an employee or his or her representative believe that the quality of consultations with him or her and their union was inadequate, it is therefore open to them to bring such a complaint to a rights commissioner. The headquarters of the Labour Relations Commission is at Tom Johnson House, Haddington Road, Dublin 4. Its telephone number is 01 6136700 or lo-call 1890 220 227. There is a time limit of six months from the occurrence of the alleged contravention of the 1977 Act within which to bring a complaint to a rights commissioner.
Under the Redundancy Payments Acts 1967 to 2003, eligible employees must be given a minimum of two weeks individual notice of redundancy. To date, 14 such notifications – statutory form RP1 – have been received by my Department in respect of the companies concerned. Depending on length of service, employees may be entitled to longer notice under the Minimum Notice and Terms of Employment Acts 1973 to 2001.
