Oireachtas Joint and Select Committees

Tuesday, 14 February 2017

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Banded Hours Contract Bill 2016: Discussion (Resumed).

4:00 pm

Photo of Paul GavanPaul Gavan (Sinn Fein) | Oireachtas source

I come from a trade union background. The witnesses might have noticed my Tesco badge. I refer to a casual employee on a typical contract whose hours are communicated to him or her by means of a departmental rota. I put it to the witnesses that there is no existing legislation on which the employee can rely to correct this anomaly and get some certainty. Having worked in the hotel for three years, this employee cannot use any current legislation. The only legislation that exists is the Industrial Relations Act. As everyone present is aware, that Act is not enforceable. It has no enforceability. I ask the witnesses to address the reality that if this employee complains to his or her manager because he or she is not happy about having no certainty of hours, he or she will not be on the rota the next week. Unfortunately, I experienced this reality, which has been described by the Chairman, on several occasions in my previous career. Can the witnesses give the committee the name of an existing piece of legislation that someone in this situation would be able to utilise to protect his or her rights and get the certainty of hours to which he or she would surely be entitled after being employed by a hotel for three years?

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