Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 201: To ask the Minister for Enterprise, Trade and Employment if he has read the report into work practices (details supplied); his views on same; if his Department has reason for concern; and if he will make a statement on the matter. [2605/07]

Tony Killeen (Clare, Fianna Fail)
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I have read the report and noted the allegations contained in the magazine article. I have also noted that the company has denied the allegations.

The wages and employment conditions of workers employed in Retail Grocery are governed by the Retail Grocery and Allied Trades Employment Regulation Order.

I would urge any employee or former employee who is of the view that their employer is not operating or has not operated in compliance with the provisions of the Employment Regulation Order to make a formal complaint to the Labour Inspectorate of the Department of Enterprise, Trade and Employment. Inspectors are authorised to examine employers' relevant records and seek to have irregularities rectified. The Inspectorate has undertaken inspections of the Company referred to in recent years and is currently investigating one complaint by a former employee.

Labour Inspectors pursue allegations of breaches of certain employment rights legislation and when evidence of non-compliance with such legislation is found, the Inspectorate seeks redress for the individual/s concerned and, if appropriate, a prosecution is initiated. Employers are required to maintain records in respect of such employees and these records, together with other substantiating evidence, for example, a statement from an employee, provide the essentials of a basis for legal proceedings. Failure on behalf of the employer to maintain adequate records is an offence.

It should be noted also that, in many cases, Employment Rights Legislation has provisions whereby workers who believe that they have been denied their entitlements, or otherwise unfairly treated, can, as an alternative to dealing with the Labour Inspectorate, take the matter before a Commissioner in the Rights Commissioner Service of the Labour Relations Commission.

If the issues in dispute between a worker or a group of workers are not covered by Employment Rights Legislation, a case may be referred to the Labour Relations Commission or to the Labour Court in accordance with the Industrial Relations Acts.

The Labour Relations Commission operates a number of free services to assist in the prevention or resolution of workplace disputes:

The Commission's Conciliation Service provides trained facilitators who assist employers and workers to resolve disputes when their own unassisted efforts have not succeeded.

The Commission's Mediation Service provides a confidential process to allow parties resolve their conflict in a mutually agreeable way with the help of a neutral third party.

The Commission's Advisory Service works closely with employers, trade unions and employees to promote, develop and implement best industrial relations policies, practices and procedures.

Rights Commissioners investigate and recommend on disputes and grievances referred by individuals or small groups of workers under the relevant industrial relations or employment rights legislation.

The Labour Court acts as an industrial relations tribunal to provide a free, comprehensive service for the resolution of industrial relations disputes, where the parties to a dispute have been unable to reach agreement. While ultimate responsibility for the resolution of industrial disputes is a matter for the parties involved, since the Labour Court is a Court of last resort in the industrial relations process, it is expected that the parties come to the process in good faith and, consequently, are prepared to accept the outcome of the process, namely, the Labour Court recommendation.

For a dispute involving an individual's or small group's grievance or grievances, there exists a Code of Practice on Grievance and Disciplinary Procedures which dictates best practice for addressing grievance and disciplinary issues. The procedures set out in the Code are in line with the voluntarist tradition of Ireland's system of industrial relations. Grievance cases that cannot be resolved within a company may be referred, in line with the Code of Practice, to a Rights Commissioner under the Industrial Relations Acts and, if necessary, appealed to the Labour Court.