Dáil Éireann Debate, Tuesday - 7 July 2020
524. Deputy Cian O'Callaghan asked the Minister for Employment Affairs and Social Protection the measures in place to stop employers from terminating employment contracts and rehiring the same employees on reduced terms and conditions; if she will consider introducing new employment laws in line with the proposed employment dismissal and re-employment Bill in the UK; and if she will make a statement on the matter. [14379/20]
Amharc ar fhreagraCurrent legislation already provides considerable protections for employees.
The Unfair Dismissals Acts 1977 to 2015 provide protection for employees from being unfairly dismissed from their jobs by laying down criteria on which the fairness or otherwise of dismissals can be judged, and by providing an adjudication system and redress for an employee whose dismissal has been found to be unjustified.
The Acts provide that every dismissal of an employee will be presumed to have been unfair unless the employer can show substantial grounds justifying the dismissal. The Acts apply to employees who (with certain exceptions) have had at least one year’s continuous service with the same employer.
If an employee considers that he or she has been unfairly dismissed, he or she may apply to the Workplace Relations Commission (WRC) for a hearing by a WRC Adjudication Officer of a case under the Unfair Dismissals Acts 1977 to 2015. If the Adjudication Officer finds that the dismissal was unfair, redress can take the form of either financial compensation, re-instatement or re-engagement. A WRC Adjudication Officer’s decision may be appealed by either party to the Labour Court.
The Terms of Employment (Information) Act 1994 provides that an employer must provide its employee with a written statement of the particulars of the employee’s terms of employment. It also provides that an employer must notify the employee of any changes in the particulars given in the statement. The Act provides a right of complaint to the WRC where an employer fails to comply with either of the above.
While an employer may renegotiate the terms and conditions of the contract of employment with an employee, it may not reduce any term or condition to a level lower than statutory entitlement. It is best practice that any such renegotiation should be undertaken in consultation with the affected employee, and taking a long-term view of the employment relationship.
I trust this clarifies matters for the Deputy.
