Maureen O'Sullivan (Dublin Central, Independent)
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Question 82: To ask the Minister for Jobs, Enterprise and Innovation if there is any type of protection from unfair dismissal for workers who have been employed in a company for a year or less. [23526/12]

Richard Bruton (Dublin North Central, Fine Gael)
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The Unfair Dismissals Acts apply to employees over the age of 16 years with at least 12 months' continuous service. The Acts provide for a number of grounds under which a dismissal may be considered unfair.

A claim for unfair dismissal against an employer may be brought under certain conditions. It is then a matter for an employer to show there were fair grounds for the dismissal. Generally a dismissal is presumed to be unfair unless your employer can show substantial grounds to justify it.

The requirement for one year's continuous service does not apply where the dismissal results from:

· An employee's pregnancy, giving birth or breastfeeding or any matters connected therewith,

· The exercise or proposed exercise by an employee of a right under the Maternity Protection Act, 1994 and 2004,

· The exercise or contemplated exercise by an employee of the right to adoptive leave, or additional adoptive leave under the Adoptive Leave Act, 1995 and 2005,

· The exercise or proposed exercise by the employee of the right to parental leave or force majeure leave under and in accordance with the Parental Leave Act, 1998 and 2006,

· An employee's entitlements, future entitlements, exercise or proposed exercise of rights under the National minimum Wage Act 2000,

· An employee's trade union membership or activities,

· The exercise or proposed exercise by the employee of the right to carer's leave under and in accordance with the Carer's Leave Act, 2001.