Written answers

Wednesday, 2 November 2005

Department of Enterprise, Trade and Employment

Health and Safety Regulations

9:00 pm

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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Question 356: To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that the person who made a written complaint to the Health and Safety Authority in July 2005 regarding a centre (details supplied) in County Kerry was sacked as a direct result of having made the complaint; and if he will make a statement on the matter. [31702/05]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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I provided details to the House in regard to certain other aspects of this case in my reply to a question on 25 October last.

Section 27 (3) of the Safety, Health and Welfare at Work Act 2005, which came into effect on 1 September 2005, states that

An employer shall not penalise or threaten penalisation against an employee for ... making a complaint or representation to his or her safety representative or employer or the Authority, as regards any matter relating to safety, health or welfare at work . . .

For the purposes of this Act, "penalisation" includes dismissal within the meaning of the Unfair Dismissals Acts.

Accordingly, the employee concerned may have recourse to a rights commissioner of the Labour Relations Commission under the above Act. Alternatively, the employee may be entitled to take a case for unfair dismissal under the Unfair Dismissals Acts. To take such a case, an employee must, with certain specific exceptions, have one year's continuous service with the employer who dismissed him or her. Further information in that regard is contained in my Department's Guide to Labour Law, which is available from the employment rights information unit of my Department (Lo-call 1890 201615) or by e-mailing info@entemp.ie. My Department's website also contains detailed explanatory information on the various pieces of employment rights legislation administered by my Department. Information and clarification of rights and entitlements may also be obtained from the employment rights information unit, should the employee concerned wish to enquire into his or her entitlements in this regard.

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