We use Google Analytics to see which pages are read and how the site is used, so we know what to improve. This only runs if you accept. See our privacy notice for details.

Dáil

Ceisteanna—Questions. Oral Answers. - Unfair Dismissals.

asked the Minister for Labour if as a result of the debate on the Redundancy Payments Act, 1979, he is aware that a number of provisions of the Unfair Dismissals Act, 1977, namely, the six months' time limit for initiating claims, and the six weeks' time limit for appeals against decisions of rights commissioners are fast becoming inoperative because the appropriate notices cannot be served on employers due to the cessation of postal deliveries, and if it is his intention to sponsor legislation to preserve the rights of employees who have been unfairly dismissed.

Comment on this
Garrett Fitzgerald Mr. G. Fitzgerald Fine Gael

The Unfair Dismissals Act, 1977, requires a person making a claim for redress under the Act to give notice of claim within six months of the date of dismissal. A party appealing against a recommendation of a rights commissioner must give notice of the appeal within six weeks of the date the recommendation is given to the parties concerned. The Act does not require such notices to be sent by post and other means are ordinarily available for the serving of such notices.

I am not aware that the provisions of the Act to which the Deputy refers are becoming inoperative. My Department and the staff of the Employment Appeals Tribunal have been giving every assistance they can to persons wishing to give notices of claim or appeal under the Act.

I am prepared to consider whether any action would be open to me in any cases brought to attention where service of notices under the Act could not be effected within the statutory time limits because of the postal dispute.

Comment on this

Would the Minister be prepared to suggest some of the means by which somebody at the other end of the country could get in his appeal within the requisite time if the postal dispute continues?

Comment on this
Garrett Fitzgerald Mr. G. Fitzgerald Fine Gael

As I said in my reply, I am not aware that the provisions of the Act are becoming inoperative and I am prepared to consider whether any action is open to me in any cases brought to my attention. If the Deputy has any particular problem regarding notice and lets me have information on it, I will examine what options are open to me and what assistance I can be to him.

Comment on this

Is the Minister saying that if there is a notice of late service in either of the cases to which I referred and it is brought to his attention, he will ensure that they are accepted, because an assurance that they will be looked into is not worth anything and the Minister knows it? Would he ask his colleague, the Minister for Posts and Telegraphs, to please be reasonable and settle the postal dispute and then we will not have this trouble?

Comment on this
Garrett Fitzgerald Mr. G. Fitzgerald Fine Gael

The second part of the Deputy's supplementary bears no relevance to his question. I am not aware that the provisions of the Act are becoming inoperative.

Comment on this

If the Minister is not aware of this, further proof of what is happening in the country with regard to his Department is now available to him. I am aware of this and I cannot understand why he should not be able to find it out for himself.

Comment on this
Garrett Fitzgerald Mr. G. Fitzgerald Fine Gael

I asked the Deputy to let me know of any——

Comment on this

The Minister has officials who can look into this.

Comment on this
Joseph Brennan An Ceann Comhairle Fianna Fáil

Question No. 14.

Comment on this
Joseph Brennan An Ceann Comhairle Fianna Fáil

Order, please. I have called the next question.

Comment on this