David Cullinane (Waterford, Sinn Fein)
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216. To ask the Minister for Jobs, Enterprise and Innovation if her attention has been drawn to reports of blacklisting within the construction sector; and if she will make a statement on the matter. [3607/17]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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I am not aware that there is a practice of trade union representative blacklisting by employers in Ireland. I would consider blacklisting of workers for whatever reason as an unacceptable practice – particularly if it arose in relation to workers exercising their rights to take part in trade union activities.

The Deputy will be aware that there are already legislative protections in place where workers are victimised by an employer for trade union activity.

Section 6(1) of the Unfair Dismissals Act 1977 (as amended) provides that, in general, a dismissal shall be deemed to be unfair unless an employer can prove that there were substantial grounds justifying the dismissal. In addition, Section 6 also deems certain dismissal situations to be unfair as well as outlining certain criteria on which dismissals may be adjudicated as fair. One type of dismissal situation deemed to be unfair is referred to in Section 6(2)(a) of the Act which indicates that a dismissal is unfair where it can be shown that the dismissal resulted wholly or mainly from an employee’s trade union membership or activities, either where those activities take place outside working hours or at those times during working hours when permitted by the employer. While, in general, an employee must have been in the same employment for at least a year in order to bring a claim for unfair dismissal under the Unfair Dismissals Acts, one of the exceptions to the one-year service requirement includes dismissals falling under section 6(2)(a) of the Act.

In addition, the Industrial Relations Act 1990 (Code of Practice on Victimisation) (Declaration) Order 2004 provides that where there is a dispute in an employment where collective bargaining fails to take place and where negotiating arrangements are not in place, no person, be they union representative, individual employee or manager, should be victimised or suffer disadvantage as a consequence of their legitimate actions or affiliation arising from that dispute. A procedure for addressing complaints of victimisation in such cases is set out the Industrial Relations (Miscellaneous Provisions) Act 2004. A complaint for breach of this legislation may be presented to the Workplace Relations Commission who can enforce rights breached. That Code of Practice was amended in October 2015 to include as a form of victimisation the use by employers of inducements (financial or otherwise) designed specifically to have an employee forego collective representation by a trade union.

The Industrial Relations (Amendment) Act 2015 also provides for enhanced protection for individuals who are victimised as a result of invoking the provisions of the 2001/2004 Industrial Relations Acts through a trade union or for acting as a witness or comparator for those provisions.

If there is evidence that this is a widespread practice – and to date I do not have such evidence on the matter – I will be happy to consider the matter further with both sides of industry.

If the Deputy has any information regarding blacklisting of workers in Ireland, he might bring it either to my attention or to the Data Protection Commissioner.

David Cullinane (Waterford, Sinn Fein)
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217. To ask the Minister for Jobs, Enterprise and Innovation if her attention has been drawn to reports of bogus employment contracts in the construction sector; and if she will make a statement on the matter. [3608/17]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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I assume the Deputy is referring to a case reported in the media earlier this week about a number of construction workers who have sought clarification of their employment status from the Department of Social Protection. It would be inappropriate for me to comment on this particular case.

More generally, apart from significant losses to the Exchequer that can arise from cases of so-called bogus self-employment, the practice has serious implications from an employment rights perspective. In this respect, it is important that individuals are correctly designated as regards employment status so that those who ought to be designated as employees are not deprived of their employment rights. This is particularly the case for vulnerable workers who may not feel in a position to object to certain arrangements.

Ireland has a well-resourced labour inspectorate, which forms part of the Workplace Relations Commission (WRC) and there are existing mechanisms in place to determine the employment status of individuals or groups. Inspections are undertaken on the basis of risk analysis which identifies certain sectors, as a result of complaints received and on a routine basis. Where the WRC inspection service receive complaints in relation to bogus self-employment or bogus sub-contracting, they are forwarded to the Revenue Commissioners and/or the Department of Social Protection (Scope Section) for investigation either solely by the recipient, or jointly with the Workplace Relations Commission.

In most cases it will be clear whether an individual is employed or self-employed. Where there is doubt in relation to the employment status of an individual the relevant Departments and Agencies will have regard to the Code of Practice for Determining Employment or Self-Employment Status of Individuals. This Code was drawn up and agreed in 2007 by the relevant Government Departments with ICTU and IBEC.

Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the WRC where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single complaint form available at the WRC’s website www.workplacerelations.ie. The WRC’s Customer Service Section, which  provides information to both employers and employees in relation to employment, equality and industrial relations rights and obligations, can be contacted at Lo-call: 1890 80 80 90 or 059-9178990.