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Employment Rights

Dáil Éireann Debate, Wednesday - 21 October 2020

Wednesday, 21 October 2020

Ceisteanna (18)

Jackie Cahill

Ceist:

18. Deputy Jackie Cahill asked the Tánaiste and Minister for Enterprise, Trade and Employment the position in relation to the case of an employee who pre-Covid-19 was on maternity leave then worked from home and is now being told they have to return to the office to work but feels this is unsafe and during the current situation are capable of working from home; and if he will make a statement on the matter. [31993/20]

Amharc ar fhreagra

Freagraí scríofa

From the outset of Covid-19, many employers have taken the initiative, in line with subsequent requests from the Government, to be as flexible as possible in allowing staff to manage their family responsibilities. Employers have a general duty of care towards their workers and that care is often expressed in the form of negotiation, compromise and flexibility.

It is for the employer to decide, in the first instance, whether remote working arrangements are practicable in meeting the business’s needs and to decide on what work can be done from home, while at all times taking account of the latest Public Health advice and the level of restriction operating within the County.

In instances where employees have returned to the physical workplace the employer must ensure that the public health measures set out in the Return to Work Safely Protocol are being fully adhered to. The Protocol operates in parallel with existing workplace health and safety statutory requirements and sets out in very clear terms for employers and employees, in all business sectors, the steps that they must take on an ongoing basis to mitigate against the transmission of COVID-19 in the workplace.

The Protocol states that, “office work should continue to be carried out at home, where practicable and non-essential work. The employer should develop and consult on any working from home policy in conjunction with workers and/or Trade Unions.

The Workplace Contact Unit of the HSA can be contacted in confidence by anyone with concerns regarding workplace health and safety matters including matters relating to the Return to Work Safely Protocol by phone (1890 289 389) or email (wcu@hsa.ie) and the matter will receive the appropriate attention.

Any industrial relations dispute arising, whether of a collective or individual nature, may be referred to the Workplace Relations Commission.  In the context of the former, either party (workers or employer) may refer the issues in dispute for conciliation with a view to reaching a mutually agreeable resolution with the assistance of an Industrial Relations Officer.

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