Written answers

Thursday, 21 November 2013

Department of Public Expenditure and Reform

Legislative Measures

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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19. To ask the Minister for Public Expenditure and Reform if he will amend the Protected Disclosures Bill 2013 to include a provision for an interim relief order. [49527/13]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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As the Deputy may be aware I made a comprehensive statement on this matter in the Seanad yesterday when I introduced a Report Stage amendment to the Protected Disclosures Bill making provision for the granting of interim relief orders on foot of an application made to the Circuit Court.

The purpose of the amendment is to provide interim relief in cases where there is likely to be a substantial delay between a dismissal and an unfair dismissals hearing being heard before the relevant appeals body. International best practice recommends that such a provision should be included in whistleblowing legislation as it provides an important protection for workers.

An employee who claims to have been dismissed for having made a protected disclosure may apply to the Circuit Court for interim relief pending a full hearing of the unfair dismissal claim. If the Court finds it likely that there are substantial grounds for contending that the dismissal resulted wholly or partly from the making of a protected disclosure it will ask the employer to reinstate or re-engage the employee pending the full hearing of the Unfair Dismissals claim.

If this is acceptable, the Court will make an order for reinstatement or re-engagement on such terms and conditions as it considers appropriate. However if it is not acceptable the Court will make an order for the continuation of the employee’s contract of employment on the terms and conditions it decides. If circumstances subsequently change, either party may apply to the Court for the revocation of the order on the ground of a relevant change of circumstances. If an employer does not comply with the Court order, compensation may be paid to the employee.

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