Written answers
Wednesday, 7 October 2020
Department of Trade, Enterprise and Employment
Third Level Institutions
Mairéad Farrell (Galway West, Sinn Fein)
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18. To ask the Minister for Trade, Enterprise and Employment if universities and third level institutions are bound by SI 146 of 2000 Industrial Relations Act 1990 (Code of Practice on Grievance and Disciplinary Procedures); and if he will make a statement on the matter. [29187/20]
Leo Varadkar (Dublin West, Fine Gael)
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The main purpose of this Code of Practice is to provide guidance to employers, employees and their representatives on the general principles which apply in the operation of grievance and disciplinary procedures and the promotion of best practice in giving effect to such procedures. While the Code outlines the principles of fair procedures for employers and employees generally, it is of particular relevance to situations of individual representation.
While arrangements for handling discipline and grievance issues vary considerably from employment to employment depending on a wide variety of factors including the terms of contracts of employment, locally agreed procedures, industry agreements and whether trade unions are recognised for bargaining purposes, the principles and procedures of this Code of Practice should apply unless alternative agreed procedures exist in the workplace which conform to its general provisions for dealing with grievance and disciplinary issues.
Mairéad Farrell (Galway West, Sinn Fein)
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19. To ask the Minister for Trade, Enterprise and Employment if third level education employers who willingly fail to provide for SI 146 of 2000 in their grievance and disciplinary procedures are failing to ensure that their employees’ rights to natural justice and fair procedures are upheld. [29188/20]
Leo Varadkar (Dublin West, Fine Gael)
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The main purpose of this Code of Practice is to provide guidance to employers, employees and their representatives on the general principles which apply in the operation of grievance and disciplinary procedures and the promotion of best practice in giving effect to such procedures. While the Code outlines the principles of fair procedures for employers and employees generally, it is of particular relevance to situations of individual representation.
While arrangements for handling discipline and grievance issues vary considerably from employment to employment depending on a wide variety of factors including the terms of contracts of employment, locally agreed procedures, industry agreements and whether trade unions are recognised for bargaining purposes, the principles and procedures of this Code of Practice should apply unless alternative agreed procedures exist in the workplace which conform to its general provisions for dealing with grievance and disciplinary issues.
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