Written answers

Wednesday, 28 September 2005

Department of Enterprise, Trade and Employment

Industrial Relations

9:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 641: To ask the Minister for Enterprise, Trade and Employment the reason 30 staff members were victimised at a company (details supplied); the further reason this company was in breach of contract with its employees and other non-payment issues; and if he will make a statement on the matter. [25669/05]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 645: To ask the Minister for Enterprise, Trade and Employment the position regarding complaints against Global Mobile Vision; and if the allegations have been dealt with adequately. [24314/05]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 656: To ask the Minister for Enterprise, Trade and Employment the reason no action was taken against a company (details supplied) before the principals involved left the jurisdiction; and the assistance which was given to staff following the closure of the company. [24643/05]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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I propose to take Questions Nos. 641, 645 and 656 together.

A number of former employees of the company have been in contact with my Department expressing concern regarding the company's treatment of staff. These issues related to health and safety, bullying, sexual harassment, changes in terms and conditions of employment, unfair and constructive dismissal, non-provision of payslips, late payment of wages and issues concerning P35 and P60 documents.

Officers of the labour inspectorate met some of the workers in June to discuss their concerns. The employees concerned were advised of the relevant bodies to which their complaints should be addressed. In this regard they were told that matters relating to allegations of workplace bullying are dealt with by the Health and Safety Authority, Temple Court, 10 Hogan Place, Dublin 2. I understand that a number of employees have made formal complaints to the authority. In addition, the authority issued an improvement notice under the Safety, Health and Welfare at Work Act 1989 against the company concerned.

They were also advised that 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. Complaints relating to changes to terms and conditions of employment or delays in pay should also be addressed to the rights commissioner service of the Labour Relations Commission. The employees were advised that the appropriate authority for issues concerning P35 and P60 is the Revenue Commissioners.

With regard to breaches of the Payment of Wages Act 1991, it is the responsibility of the employee to present his or her complaint to a rights commissioner. The legislation does not give me, as Minister of State, the power to present complaints. The scheduling and hearing of cases by a rights commissioner is a matter solely for the management of the rights commissioner service of the Labour Relations Commission.

In addition, some employees expressed concern regarding their payslips. The Payment of Wages Act 1991 provides that employers must give to each employee with every wage packet a written statement of gross wages — payslip — itemising each deduction. The labour inspectorate is responsible only for monitoring compliance with this specific provision and in this regard the labour inspectorate is currently investigating the matter. The Deputy will appreciate that this task is difficult in circumstances where the company is now closed and the principals involved may no longer be within the jurisdiction of the State. However, every effort is being made to address the employees' concerns.

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