Dáil Éireann Debate, Tuesday - 21 April 2015
331. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation the position regarding unfair dismissal and illness (details supplied); and if he will make a statement on the matter. [15521/15]
Amharc ar fhreagraThe Deputy will understand that I cannot provide legal advice in relation to the law applying to any particular situation, or the interpretation of legislation. Independent legal advice should be sought if an individual has concerns about a specific employment situation. The Unfair Dismissals Acts 1977 to 2007 lay down criteria by which the fairness or otherwise of dismissals are adjudicated upon. While the Acts provide for some potentially fair reasons for dismissal, the onus is generally on the employer to show that there were substantial grounds justifying the dismissal. Each case is adjudicated upon on its merits and on the facts of each case. The normal time limit of 6 months for submitting a claim for redress for unfair dismissal may be extended to 12 months in exceptional circumstances.
If an employee believes that he or she has been unfairly dismissed within the meaning of the Unfair Dismissals Acts, it is for the Rights Commissioners Service and-or the Employment Appeals Tribunal to adjudicate upon the matter in circumstances where a complaint has been made by an employee. I should mention that the relevant adjudicatory bodies for cases referred after the enactment and commencement of the Workplace Relations Bill 2014 will be an Adjudication Officer of the new Workplace Relations Commission and, on appeal, the Labour Court.
With regard to the provision of information on employment, equality and industrial relations rights and obligations, the Information Unit of the National Employment Rights Authority (NERA) has been restructured and expanded to form a new Workplace Relations Customer Service Section. It can be contacted at Lo-call: 1890 80 80 90. The website www.workplacerelations.ie also provides extensive information on employment rights.
