Written answers

Tuesday, 7 February 2006

Department of Enterprise, Trade and Employment

Employment Rights

9:00 pm

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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Question 145: To ask the Minister for Enterprise, Trade and Employment the investigation his Department has carried out into reports highlighted in the media of the treatment and subsequent dismissal of 14 female mushroom pickers from Latvia and Lithuania employed in County Cavan, who claimed that they had been required to work for an average of €250 per week for a working week of between 80 and 100 hours and had also been asked to work on Christmas day; and if he will make a statement on the matter. [4058/06]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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The labour inspectorate of the Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. The inspectorate operates without any differentiation with regard to worker nationality as statutory employment rights and protections apply to immigrant workers in exactly the same manner as they do to native Irish workers. Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individual or individuals concerned and, if appropriate, a prosecution is initiated.

Employment regulation orders govern the wages and employment conditions of workers who are employed in the mushroom industry, unless they are already covered by the terms of a registered employment agreement, pursuant to the provisions of the Industrial Relations Acts 1946 to 2004.

The labour inspectorate has been in contact with the individuals who carried out work at the premises over a number of months and several statements have been recorded. At present, the inspectorate is clarifying the position as to the employer and employee relationship that may exist in respect of the individuals mentioned and the current owner-operator of the facility.

The issues arising are complex and to some extent may be further compounded by the fact that the current operator is possibly not resident in the State. The inspectorate is actively pursuing the case and will be focused on trying to secure appropriate redress for the people concerned once the facts, as distinct from media reports, are satisfactorily established. Should the question of prosecution arise it will be considered at the appropriate time.

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