Dáil debates

Thursday, 16 June 2005

Exploitation of Workers.

 

5:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

I thank Deputy Finian McGrath for raising this issue. I take it from the Ceann Comhairle's ruling that there is to be no specific reference to the company concerned but that I can refer to the body as the company concerned. I am replying on behalf of the Minister for Enterprise, Trade and Employment.

A prohibition on sexual and other harassment in the workplace has been in place since 1999 under sections 23 and 32 of the Employment Equality Act 1998. This Act is administered by the Department of Justice, Equality and Law Reform. With effect from 18 July 2004, these provisions have been replaced by a new provision, section 14A of the Employment Equality Acts 1998 and 2004, inserted by section 8 of the Equality Act 2004. The new provision is in line with Articles 2 of EU directives 2000/43/EC, the race directive, 2000178/EC, the framework employment directive, and 2002/73/EC, the gender equal treatment amendment directive. In both cases, harassment and sexual harassment constitute discrimination for the purpose of the Acts and are open to orders for redress in accordance with section 82 thereof. If an individual wishes to refer such a claim under either Act, he or she may do so to the Director of the Equality Tribunal, 3 Clonmel Street, Dublin 2.

Matters relating to allegations of workplace bullying are dealt with by the Health and Safety Authority, Temple Court, 10 Hogan Place, Dublin 2, which operates under the aegis of the Department of Enterprise, Trade and Employment. I understand that there is no record of a bullying complaint in the HSA against the company. However, the Health and Safety Authority is involved in a health and safety welfare aspect with the company under safety, health and welfare legislation.

Matters relating to dismissal generally are more appropriate to either the rights commissioner service of the Labour Relations Commission or the Employment Appeals Tribunal under the Unfair Dismissals Acts or Industrial Relations Acts. Both bodies operate under the aegis of the Department of Enterprise, Trade and Employment. Any such complaints should be addressed to the Employment Appeals Tribunal, Davitt House, Adelaide Road, Dublin 2, or to the Rights Commissioner Service, Labour Relations Commission, Tom Johnson House, Haddington Road, Dublin 4.

Complaints relating to changes to terms and conditions of employment or delays in pay should be addressed to the rights commissioner service of the Labour Relations Commission at the above-mentioned address. Matters relating to P45 and taxation generally should be addressed to the Revenue Commissioners, Taxes Central Registration Office, 9-15 Upper O'Connell Street, Dublin 1.

Issues regarding alleged irregularities in relation to payslips are dealt with under the Payment of Wages Act 1991. That legislation provides that employers must give to each employee with every wage packet, a written statement of gross wages — a payslip — itemising each deduction. The labour inspectorate of the Department of Enterprise, Trade and Employment is responsible for monitoring compliance with this provision and in this regard I understand that an arrangement has been made for a labour inspector to carry out an early investigation regarding these concerns.

I understand that neither Enterprise Ireland nor lDA Ireland, the industrial development agencies under the remit of the Department of Enterprise, Trade and Employment, has approved grants or paid out grants to the company concerned. I also understand that neither FÁS nor the relevant county enterprise board provided funding for the company concerned. In regard to the equal community initiative, no moneys have been paid to the company nor has any European Social Fund money been paid.

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