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Employment Rights Issues

Dáil Éireann Debate, Tuesday - 18 September 2012

Tuesday, 18 September 2012

Ceisteanna (1764)

Caoimhghín Ó Caoláin

Ceist:

1764. Deputy Caoimhghín Ó Caoláin asked the Minister for Health if he will raise with the Health Service Executive the serious concerns raised by employees in a company (details supplied) regarding their working conditions, their rights as employees and the treatment of them by their employer. [38561/12]

Amharc ar fhreagra

Freagraí scríofa

The Deputy’s question refers to staff working in a private nursing home. Neither my colleague the Minister for Health, nor the HSE, have any remit in relation to employment rights in this case. Employees in Ireland are entitled to receive certain basic employment rights. These are governed by a range of detailed employment legislation which covers issues such as pay, health and safety, working time and other relevant employment criteria. Accordingly, the Deputy’s question would appear to be more appropriate for consideration in the first instance by the Department of Jobs, Enterprise and Innovation .

The Deputy will be aware that, under the Health Act 2007, statutory responsibility is given to the Chief Inspector of Social Services, as part of the Health Information and Quality Authority (HIQA), for the independent registration and inspection of designated centres providing residential services for children, older people and people with disabilities. The Chief Inspector has the power to refuse to register, attach conditions to a registration, or cancel the registration of a designated centre in the event of non-compliance with relevant regulations or standards. It should be noted, in particular, that Standard 26 of the National Quality Standards for Residential Care Settings for Older People in Ireland provides that "the health and safety of the resident, staff and visitor to the residential care setting is promoted and protected". Should the employees in this particular case have concerns about compliance with this Standard, or indeed with the general governance and management arrangements at the home, they may wish to pursue the matter with HIQA.

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