Written answers

Thursday, 30 March 2006

Department of Enterprise, Trade and Employment

Employment Rights

5:00 pm

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 166: To ask the Minister for Enterprise, Trade and Employment the mechanism available to a person (details supplied) in County Kildare to seek and obtain payments for employment; and if he will make a statement on the matter. [12572/06]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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It is unclear from the details supplied if the amount being claimed is an improper deduction or an underpayment. Improper deductions from wages or non-payment of wages should be referred by the employee to a rights commissioner under the Payment of Wages Act 1991. A rights commissioner will give both employer and employee an opportunity to present any evidence relevant to the complaint and shall give a decision in writing. If the rights commissioner finds that the complaint is well-founded, he or she will order the employer to pay compensation as deemed reasonable. Complaints must be presented to the rights commissioner service within six months beginning on the date of contravention or, in exceptional circumstances, such further period not exceeding six months as the rights commissioner considers reasonable.

More detailed information on the unfair dismissal legislation and copies of the relevant application form for bringing a claim to the rights commissioner may be obtained by contacting the employment rights information unit of the Department at 65a Adelaide Road, Dublin 2 or by telephoning the unit at 01 631-3131, lo-call 1890 220222, where staff would be happy to assist. The Labour Relations Commission document supplied by the Deputy has not yet been received in the Labour Relations Commission.

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