Joan Burton (Dublin West, Labour) | Oireachtas source

I do not wish to go into the facts of the particular case, of which the Deputy is aware. As it is the subject of an oral appeal, there then will be an opportunity to discuss the case in greater detail. However, when a person makes an application, to some extent the decision reached by a deciding officer depends significantly on statements and remarks made by that person to support his or her application. In this particular case, the employee appears to have been employed in the employment for a significant time. Given the circumstances mentioned by the Deputy - I do not know whether the person perhaps has taken up some of the industrial relations mechanisms in respect of the dismissal - this obviously is not handled by the Department of Social Protection. There certainly are issues in this case on which I am not in a position to make a judgment. However, in the case of somebody who has lost his or her job and who considers this to be unfair - the suggestion is because of misconduct - it normally would be a matter of going through the industrial relations machinery. However, in the case of the Department of Social Protection, the long-standing rule is the deciding officer makes a decision based on the facts of the case presented by the person who is applying. An oral hearing perhaps will allow any other material matters that may not have been presented at the time to be considered.

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