Written answers

Tuesday, 27 February 2007

Department of Enterprise, Trade and Employment

Industrial Relations

9:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 401: To ask the Minister for Enterprise, Trade and Employment if he will investigate the unfair treatment of staff at a company (details supplied) in Dublin 12; the long-term future for this company; and if he will give the staff the maximum support. [7577/07]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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I understand that the issue raised by the Deputy relates to an internal disciplinary matter in the company concerned. Responsibility for the resolution of trade disputes is a matter for the parties involved. The State provides the industrial relations dispute settlement machinery free of charge to assist the dispute resolution process, which, in line with the general principles of industrial relations in Ireland, is voluntary in nature. The system of industrial relations in Ireland is designed to help and support parties in their efforts to resolve their differences, rather than imposing an extensive set of legislative conditions on the parties to a trade dispute.

For disputes involving grievance and disciplinary matters relating to individuals, the Labour Relations Commission, in consultation with the Department of Enterprise, Trade and Employment, IBEC, the ICTU, the Employment Appeals Tribunal and the Health and Safety Authority, prepared a Code of Practice on Grievance and Disciplinary Procedures. This code of practice was given effect through S.I. No. 146 of 2000.

The code of practice dictates best practice for addressing grievance and disciplinary issues. The code includes a provision to the effect that the grievance and disciplinary procedures of a company must comply with the general principles of natural justice and fair procedures, including the rights of the employee to a fair and impartial determination of the issues concerned.

This code of practice states that the principles and procedures set out in the code should apply unless alternative agreed procedures exist in the workplace, which conform to the code's general provisions for dealing with grievance and disciplinary issues. The courts and employment rights and dispute settling bodies of the State must take account of the provisions of this code of practice when considering cases brought before them. The services of the Labour Relations Commission can be availed of if a grievance or disciplinary matter cannot be resolved internally.

As regards the long-term future of the company, I understand that Enterprise Ireland maintains regular contact with the Group, of which the company in question is part, as it does with companies generally across the sector concerned. Depending on a company's needs, the Industrial Development agencies will assist in whatever way they can to secure a company's long term future in this country.

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