Seán Ryan (Dublin North, Labour)
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Question 325: To ask the Minister for Enterprise, Trade and Employment the status of retained firefighters in regard to the Protection of Employees (Part Time Work) Act 2001. [24796/06]

Tony Killeen (Clare, Fianna Fail)
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The Protection of Employees (Part-Time Work) Act 2001 provides that a part-time employee is an employee whose normal hours of work are less than the normal hours of work of an employee — defined as a comparable full-time employee — in relation to him or her (i.e. that part-time employee).

The 2001 Act provides that a part-time employee shall not be treated less favourably than a comparable full-time employee in respect of conditions of employment including pay and pensions.

In order to invoke the anti-discrimination provisions in the Act, the part-time employee must find a full-time comparator with (a) the same or associated employer or, (b) where (a) does not apply, as specified in a collective agreement or, (c) where neither (a) nor (b) applies, in the same sector or industry. In the case of (a) and (c), the part-time employee and the comparable full-time employee, must perform the same work or similar work or work of greater or equal value.

Under the 2001 Act, an employer may treat a part-time employee less favourably than a comparable full-time employee, if he or she has objective grounds for doing so. Under the Act, a ground shall not be regarded as an objective ground, unless it is based on considerations other than the status of the employee concerned as a part-time employee, and the less favourable treatment which it involves for that employee, is for the purpose of achieving a legitimate objective of the employer, and such treatment is appropriate and necessary for that purpose.

Therefore, if a retained fire fighter considers himself or herself to be a part-time employee as defined in the 2001 Act and if he or she considers a whole-time firefighter is a comparable full-time employee in relation to him or her, the retained fire fighter has the option to make a claim for application of the same conditions of employment including pay and pensions as the whole-time firefighter unless, their employer has objective grounds for treating the retained firefighter less favourably than the whole-time firefighter.

If there is a dispute about whether a retained firefighter is a part-time employee for the purposes of the 2001 Act, or about whether a whole-time firefighter is a relevant full-time employee for comparative purposes under the Act, the matter can be referred to a Rights Commissioner for adjudication by the retained firefighter or his or her employer.