Results 181-200 of 5,165 for speaker:Billy Kelleher in 'Written Answers'

Written Answers — Health and Safety Issues: Health and Safety Issues (5 Mar 2008)

Billy Kelleher: I am responsible under the Safety, Health and Welfare at Work Act 2005, for workplace health and safety policy. The Health and Safety Authority is responsible for the administration and enforcement of occupational health and safety legislation which is concerned with workplace health and safety. The Deputy's question raises a wider public health matter, in which my colleague the Minister...

Written Answers — Employment Rights: Employment Rights (11 Mar 2008)

Billy Kelleher: I assume that the Deputy may be referring to the outcome of a recent international forum against human trafficking, which was organised by UN.GIFT — a coalition of six intergovernmental agencies. The forum was convened under the title, Vienna Forum against Human Trafficking, in which the ILO convened dedicated sessions on supply chain management, the demand for forced labour and sexual...

Written Answers — Employment Rights: Employment Rights (11 Mar 2008)

Billy Kelleher: Both the Laval and Viking cases referred to by the Deputy were the subject of European Court of Justice judgements that issued in December 2007. In its judgements, the European Court of Justice found that the right to take collective action and to strike is a fundamental right that forms an integral part of the general principles of Community law. The right can be invoked even where another...

Written Answers — Employment Rights: Employment Rights (11 Mar 2008)

Billy Kelleher: The provisions regarding statutory redundancy payments in circumstances arising from a change in the ownership of a business are as follows: Where there is a change in the ownership but the employee continues to work for the new owner with no break in employment, the employee is not entitled to redundancy payment at the time of the change of ownership but his continuity of employment is...

Written Answers — Taxi Regulations: Taxi Regulations (2 Apr 2008)

Billy Kelleher: For trade disputes, taxi drivers, who meet the definition of "worker" under section 23(1) of the Industrial Relations Act, 1990, have the same access to the Rights Commissioner Service, the Labour Relations Commission and the Labour Court as other workers. A trade dispute means any dispute or difference between employers and workers or between workers and workers connected with the employment...

Written Answers — Employment Rights: Employment Rights (3 Apr 2008)

Billy Kelleher: I have noted the decision reached in the High Court on 7 February to quash the Employment Regulation Order, relating to minimum remuneration of workers, made by the Labour Court on foot of proposals from the Hotel Joint Labour Committee on 5 November 2007, and to remit the matter back to the Joint Labour Committee. The implications of the issues raised during the course of the action...

Written Answers — Employment Rights: Employment Rights (3 Apr 2008)

Billy Kelleher: Section 33 of the Industrial Relations Acts 1946 to 2004 provides that the Labour Court may at any time, on the application of any person, give its decision on any question as to the interpretation of a registered employment agreement or its application to a particular person. Therefore, it is open to any person to clarify the applicability of these Agreements. The Deputy may be interested to...

Written Answers — Employment Rights: Employment Rights (3 Apr 2008)

Billy Kelleher: Administrative issues in relation to sick leave schemes and arrangements, including practice and procedures regarding the requirement for a medical certificate, are matters for consideration and agreement between employers and employees. The question of a review of legislation does not arise in this context as sick leave schemes and arrangements are not the subject of employment rights...

Written Answers — Employment Rights: Employment Rights (3 Apr 2008)

Billy Kelleher: The Employment Appeals Tribunal is an independent body under the aegis of the Department. As an independent body, I have no role in relation to the day-to-day operation of the Tribunal. I have however, made enquiries in the matter, and I understand that this case was heard over a four day period in January 2008. The members of the Tribunal who heard the case have been considering the oral...

Written Answers — Health and Safety Regulations: Health and Safety Regulations (9 Apr 2008)

Billy Kelleher: Regulations have been in place in Ireland since 1972 regarding the protection of workers from the risks related to exposure to asbestos fibres while at work. The current Regulations are the Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 (S.I. No. 386 of 2006). These Regulations reflect the rules in the EU Directives governing asbestos in the workplace, the most...

Written Answers — Employment Rights: Employment Rights (10 Apr 2008)

Billy Kelleher: The Employment Law Compliance Bill is designed to secure better compliance with employment legislation in accordance with commitments in "Towards 2016", the national Social Partnership Agreement. Through that social partnership process, employer and employee representatives have been fully apprised at all stages of the issues to be legislated for and the likely impacts of the new...

Written Answers — Employment Rights: Employment Rights (17 Apr 2008)

Billy Kelleher: Rights commissioners operate as a service of the Labour Relations Commission and are independent in their functions. Rights commissioners investigate disputes, grievances and claims that individuals or small groups of workers referred under legislation in the fields of employment rights and industrial relations. Rights commissioners issue the findings of their investigations in the form of...

Written Answers — Bullying in the Workplace: Bullying in the Workplace (17 Apr 2008)

Billy Kelleher: Every employer has a duty under the Safety, Health and Welfare at Work Act 2005, to ensure, so far as is reasonably practicable, the safety, health and welfare of their employees and to manage and conduct work activities in such a way so as to prevent, as far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health and welfare at work of their employees...

Written Answers — Employment Rights: Employment Rights (17 Apr 2008)

Billy Kelleher: This is a matter in the instance for the Department of Health and Children and/or the Health Service Executive. The National Employment Rights Authority (NERA) is responsible for the enforcement of the minimum rates of pay provided under the National Minimum Wage Act 2000 and the rates provided for under the Employment Regulation Orders and Registered Employment Agreements. While nurses would...

Written Answers — National Minimum Wage: National Minimum Wage (22 Apr 2008)

Billy Kelleher: I propose to take Questions Nos. 248 and 249 together. On 3 April 2008, the European Court of Justice issued a judgement in a case between Mr Dirk Rüffert, a company liquidator, and Land Niedersachsen, a public authority in Germany. The background to this case is that a public construction contract was awarded to a German company called Objekt und Bauregie, of which Mr Dirk Rüffert is the...

Written Answers — Pension Provisions: Pension Provisions (22 Apr 2008)

Billy Kelleher: An Employment Agreement is an agreement made either between a trade union and an employer or employers organisation or at a meeting of a registered Joint Industrial Council, which relates to the pay or conditions of employment of any class, type or group of workers. Employment Agreements may be presented to the Labour Court for registration. Where the Labour Court is satisfied that the...

Written Answers — Unfair Dismissals: Unfair Dismissals (22 Apr 2008)

Billy Kelleher: If the named person believes that he has been unfairly dismissed he may present a claim of unfair dismissal to either a Rights Commissioner or to the Employment Appeals Tribunal. The Unfair Dismissals Acts apply, with certain exceptions, to employees over age 16 with at least 12 months' continuous service. A claim for unfair dismissal must be submitted within six months of the dismissal. The...

Written Answers — Pension Provisions: Pension Provisions (22 Apr 2008)

Billy Kelleher: The Construction Industry (Pension Assurance and Sick Pay) Registered Employment Agreement (REA) requires employers in the construction sector to become and remain a party to a contributory pension scheme approved by the Revenue Commissioners and sets out the conditions upon which pension and mortality payments are payable and the associated minimum amounts and benefits. The REA does not...

Written Answers — Health and Safety Regulations: Health and Safety Regulations (29 Apr 2008)

Billy Kelleher: The safety or otherwise of CFLs in a retail setting are matters of environmental and public health and as such are more appropriate to my colleague, the Minister for Environment, Heritage and Local Government. I have considered the Deputy's question from the viewpoint of occupational safety and health and the Safety, Health and Welfare at Work Act 2005. That Act requires that employers and...

Written Answers — Company Closures: Company Closures (29 Apr 2008)

Billy Kelleher: Following the voluntary liquidation of P.S.K. Construction Ltd (PSK), and the receipt of claims on behalf of the employees under the Insolvency Payments Scheme, the question arose as to whether a transfer of undertakings under the European Communities (Protection of Employees on Transfer of Undertakings) might have taken place between P.S.K. Construction Ltd (PSK) and P.L.K. Plant &...