Oireachtas Joint and Select Committees

Tuesday, 23 May 2017

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Banded Hours Contract Bill 2016: Discussion (Resumed)

3:30 pm

Dr. Juliet McMahon:

The lack of a definition of "casual work" is an issue, even in the part-time work Act. In cases that came before the Labour Court such as Buckley and Sabina Murphy, reference was made to casual workers being excluded from the terms of the Organisation of Working Time Act. Therefore, de facto casual workers are not employees and if "genuinely casual" work is inserted in the proposed legislation, the same situation will be created again. It would be easy for employers to issue an if-and-when contract and say this person is a casual worker and, therefore, not an employee and, therefore, not covered by the legislation.

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