Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

209. To ask the Minister for Social Protection further to Parliamentary Question No. 184 of 4 November 2014 and in respect of a person (details supplied) in Dublin 22 who was in dispute with the community employment sponsor, the role her Department has in cases where the person believes their representations to the sponsor and her Department have not been adequately dealt with; the mechanisms in place to deal with disputes between community employment participants and sponsors or her Department; her Department's policy on evidence required from participants relating to fitness to work; and the rights participants have to access information relating to them held by the sponsor organisations or her Department. [4832/15]

Joan Burton (Dublin West, Labour)
Link to this: Individually | In context | Oireachtas source

The issues raised by the person concerned related to his employment, his employer in this case being the Community Employment (CE) sponsor. The Department has no role in relation to the employment of staff participating on CE. As provided for in the Contract Agreement between the Department and a CE Sponsoring Body; CE employers are at all times an independent contractor for all purposes and all persons recruited by the sponsors are their responsibility. The CE procedures manual provides that if there is a dispute between a CE participant and the employer this needs to be resolved between both parties through the employer’s grievance procedure. Furthermore it is open to the person concerned, if he wishes, to seek redress through the various dispute resolution forum such as the Labour Relations Commission.

In relation to sick leave, the CE procedures manual provides that:

- For certified sick leave: “Each participant is eligible to claim up to 56 hours certified sick leave during their 52 weeks of participation for which DSP provides grant support. Payments to any participant on certified sick leave beyond this will not be granted-aided by DSP. All medical/doctor certificates must be available for inspection by DSP until the audit is completed. If an instance of sick leave extends beyond 6 consecutive days (from 6th January 2014), an application can be made for Illness Benefit using the application form (MC1) supplied by the GP who furnished the medical certificate”.

- For uncertified sick leave “There is no provision for grant payment in such circumstances. However, the local DSP Officer may exercise some discretion in relation to a participant on uncertified sick leave. Payment may not, in any circumstances, exceed 2 working days (i.e. 8 hours total) in any 12-month period for any participant.”.

Participants can access personal information held by the Department if they request it in writing or through the FOI process. Access to personal information held by a CE sponsor is a matter for them.