Written answers
Tuesday, 21 April 2015
Department of Jobs, Enterprise and Innovation
Unfair Dismissals
Finian McGrath (Dublin North Central, Independent)
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329. To ask the Minister for Jobs, Enterprise and Innovation his views on a matter regarding the case of a person (details supplied); and if he will make a statement on the matter. [15354/15]
Richard Bruton (Dublin North Central, Fine Gael)
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I understand from clarification provided by the Deputy that the question relates to a claim under the Unfair Dismissals Acts where the employer has objected to the claim being heard by a Rights Commissioner.
The Unfair Dismissals Acts provide under Section 8(3)(b) that a Rights Commissioner shall not hear a claim for redress under the Acts if “any party concerned notifies the commissioner in writing that he objects to the claim being heard by a rights commissioner”.
Where an employer has objected to a hearing by a Rights Commissioner, under the Unfair Dismissals Acts the claimant must then have their claim heard by the Employment Appeals Tribunal and this is the position with this case.
I should point out that in some instances, a case under employment rights legislation, including the Unfair Dismissals Acts, may be selected for intervention by the Early Resolution Service (ERS) with a view to voluntary resolution.
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