Written answers

Thursday, 8 May 2008

Department of Enterprise, Trade and Employment

Employment Rights

5:00 pm

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)
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Question 274: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the situation at a Fingal County Council social housing construction site north of Ballymun where a construction firm (details supplied) has fired BATU union staff from the site amidst claims that it was paying the workers cash-in-hand and would not allow them access to an REA or procedural agreement pension scheme; if she will investigate the matter; and if she will make a statement on the matter. [17155/08]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I understand that the trade union in question has not made a complaint to the Labour Court regarding a possible breach of the Construction REA regarding this construction site.

As the Deputy knows, enforcement of the provisions of a Registered Employment Agreement (REA) may be effected by direct complaint to the Labour Court. A trade union may complain to the Labour Court that a particular employer is not complying with a Registered Employment Agreement. If, after investigating a complaint, the Court is satisfied that an employer is in breach of a Registered Employment Agreement the Court may by order direct compliance with the agreement. Failure to comply with such an order is an offence punishable by a fine. These safeguards are in place to ensure the satisfactory implementation of Registered Employment Agreement wages and conditions of employment and to ensure that non–compliant employers are discovered and do not benefit in any way from their avoidance of their obligations.

The Unfair Dismissals Acts 1977-2001 offer protection to employees from being unfairly dismissed from their jobs by laying down criteria by which dismissals are judged to be unfair and by providing an adjudication system and redress for employees who have been found to have been unfairly dismissed. The Acts do not normally apply to a person who has been in the continuous service of the employer for less than one year. However, if the unfair dismissal results from trade union activity, then the requirement of one year's service does not apply. A complainant may refer a case regarding unfair dismissal to a rights commissioner or the Employment Appeals Tribunal.

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