Dáil Éireann Debate, Thursday - 18 July 2013
290. Deputy Richard Boyd Barrett asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the case of a person (details supplied), an Eircom employee for 36 years; if he will intervene with Eircom on his ore her behalf as the person has exhausted all industrial relations avenues with the company. [36191/13]
Amharc ar fhreagraThe Labour Court is an independent statutory body. As Minister, I have no role in relation to the decisions and recommendations of the Labour Court. Nor have I as Minister any role, under the Industrial Relations Acts 1946-2012, or otherwise in the implementation of the recommendations of the Labour Court.
In general, an employee has no right under employment law to be paid while on sick leave. Consequently, it is at the discretion of the employer to decide his/her own policy on sick pay and sick leave, subject to the employee’s contract or terms of employment.
Under Section 3 of the Terms of Employment (Information) Act 1994 and 2001 an employer must provide an employee with a written statement of terms of employment within two months of the commencement of the employment. This statement must include information on the terms or conditions relating to incapacity for work due to sickness or injury. These terms and conditions may include excessive sick absence as a ground for disciplinary procedures and/or termination of employment.
Any dispute in relation to the provisions of an employee’s terms and conditions of employment is, in the first instance, a matter for the parties to resolve in line with the workplace internal policies. Employees are afforded significant protection against unreasonable disciplinary action and dismissal through the provisions of employment legislation including the Employment Equality Acts, the Unfair Dismissals Acts and the Industrial Relations Acts.
If an employee believes he or she has been unfairly disciplined or dismissed in any circumstances, including those referred to in the Deputy’s question, that employee, having exhausted the employer’s internal procedures, may refer a complaint to the State’s employment rights dispute resolution machinery. This machinery currently includes the Early Resolution Service (ERS), the Rights Commissioner Service, the Equality Tribunal, the Labour Relations Commission, the Labour Court and the Employment Appeals Tribunal.
Further information on employees’ statutory employment rights or general information in relation to submitting a complaint may be obtained from the Workplace Relations Customer Service Unit at 1890 80 80 90.
