Bernard Durkan (Kildare North, Fine Gael)
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Question 221: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if a person (details supplied) in County Kildare whose employment was terminated recently has entitlements under unfair dismissal legislation; and if she will make a statement on the matter. [30640/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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The Unfair Dismissals Acts, 1977 to 2007 protect employees from being unfairly dismissed from their jobs by laying down criteria by which dismissals are to be judged unfair and by providing an adjudication system and redress for an employee whose dismissal has been found to be unfair.

To qualify under the Unfair Dismissals Acts, an employee is normally expected to have at least one year's continuous service with the employer. A claim for redress under the Acts may be submitted initially to either of the adjudicative bodies specified in the Acts i.e. a Rights Commissioner or the Employment Appeals Tribunal within 6 months of the date of dismissal (this can be extended to 12 months in exceptional circumstances). Either party may appeal a determination of the Employment Appeals Tribunal to the Circuit Court. Redress may take the form of either financial compensation, re-instatement or re-engagement, whichever the relevant adjudicative body considers appropriate having regard to all the circumstances.

Alternatively, it is always open to individuals to seek professional legal advice on the remedies available under the common law in relation to dismissal. However, an individual is not entitled to recover both damages at common law for "wrongful dismissal" and redress under the Unfair Dismissals Acts for "unfair dismissal".

If the reason for dismissal was related to any of the nine grounds of discrimination under the Employment Equality Acts 1998 to 2008, the employee may wish to consider making a complaint of discrimination under those Acts to the Equality Tribunal. The Employment Equality Acts are administered by the Department of Justice, Equality and Law Reform through the Equality Authority. However it is important to note that redress is not available under more than one of the above-mentioned pieces of legislation.

An explanatory booklet on the Unfair Dismissals Acts is available on the National Employment Rights Authority's website at www.employmentrights.ie or by contacting the Employment Rights Information Unit of the Authority at (059) 9178990 or on Lo-call 1890 80 80 90.