Bríd Smith (Dublin South Central, People Before Profit Alliance) | Oireachtas source

I cannot understand why the Minister is framing the amendment in terms of double compensation. If somebody is unfairly dismissed or claims unfair dismissal, he or she is out of a job and claims a benefits to which he or she is entitled and for which he or she has paid into the system.

The waiting period may be two years, but there was a time when a person could be waiting three or four years for a case to be heard. During that period, the Department of Social Protection is paying people benefits to which they are entitled. They should not need to receive the benefits.

However, they have been sacked and are trying to prove that they were sacked in an unfair manner. It might be because procedures were abused or breached, that they were accused of something they did not do, that there was a deliberate attempt to get rid of them to save on having to pay out a load of redundancy money or that they were trade union activists and a bit of a nuisance. There are many reasons. Having witnessed them at first hand, many reasons are given to dismiss an employee where later he or she receives an award for unfair dismissal. Take, for example, the Dunnes Stores strike against apartheid when the workers were out on strike for three years. Within a month of their return to work, the Government having banned the importation of South African fruit and vegetables, the shop steward who was the main representative of the workers was sacked by Dunnes Stores on spurious grounds. It claimed that there had repeatedly been till shortages in her daily account. I worked for Mandate at the time and my then boss, Mr. Brendan Archbold, took an unfair dismissals case on Karen's behalf. It took two years for it to be heard. We were well aware going into the hearing that the total amount of compensation she could receive was two years' salary. In fact, she received much less. She was questioned by the tribunal about what she had done to find alternative employment. This question is asked by the tribunal - in other words, those who represent the State - and the claimant has to show what interviews he or she has had and outline the efforts made to find alternative employment. Karen told the tribunal that she had been thinking of emigrating to England. As a result, the tribunal deducted from her compensation payment an amount for time she might have been out of the State, although she had not been.

The Unfair Dismissals Act is unfair It does not pile loads of compensation on the victim of a dismissal. It is quite the opposite.

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