Finian McGrath (Dublin North Central, Independent)
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Question 420: To ask the Minister for Enterprise, Trade and Employment the position regarding the case of a company (details supplied) in terms of abuses of workers, bullying, delays in pay, sexual harassment and sacking of employees; and if he will make a statement on this company regarding the amount of grants received from the public purse. [19612/05]

Tony Killeen (Clare, Fianna Fail)
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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. With effect from 18 July 2004, these provisions have been replaced by a new provision, section 14A of the Employment Equality Acts 1998 and 2004, inserted by section 8 of the Equality Act 2004.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 Article 2 of EU Directives 2000/43/EC, the race directive, 2000/78/EC, the framework employment directive and 2002/73/EC, the gender equal treatment amendment directive. 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. Should an individual wish to refer such a claim under either Act, they may do so to the Director of the Equality Tribunal, 3 Clonmel Street, Dublin 2, telephone No. (01) 477-4100.

Allegations of workplace bullying are addressed by the Health and Safety Authority, Temple Court, 10 Hogan Place, Dublin 2, telephone No. (01) 614-7000, website: www.hsa.ie, e-mail: infotel@hsa.ie. I understand that there is no record of a bullying complaint in the HSA against the company. However, the authority has issued an improvement notice under the Safety, Health and Welfare at Work Act 1989 against the company concerned on a welfare facility at its premises.

Issues of 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. Such complaints should be addressed to the: Employment Appeals Tribunal, Davitt House, Adelaide Road, Dublin 2, telephone No. (01) 631-2121, locall outside (01) area: 1890 220 222 or fax No. (01) 631-3266 or to the Rights Commissioner Service, Labour Relations Commission, Tom Johnson House, Haddington Road, Dublin 4, telephone No. (01) 613-6700, locall: 1890 220 227, fax No. (01) 613-6701, website: www.lrc.ie or e-mail: info@lrc.ie. Complaints over changes to terms and conditions of employment or delays in pay should also be addressed to rights commissioner service of the Labour Relations Commission also at the above mentioned address.

I have made inquiries within my Department but neither Enterprise Ireland nor the IDA has approved any grants or paid out any grants to the named company. FÁS has had no involvement with the company concerned other than advertising occasional job vacancies. No moneys have been paid out by it. The county enterprise board for the area did not make any payments to the company. I also understand that the National Standards Authority of Ireland has not paid any grants to the company concerned. No moneys have been paid to the company as part of the EQUAL Community initiative. However, with regard to funding under the European Social Fund, it is not possible to say at this short notice whether any funding has been made to the company in question.