The Gazette 1993

GAZETTE

JAN/FEB 1993 '

Judicial Appointments

is not greatly different from the existing information required to be given by Irish law. The difference is that the employer now has no discretion about giving the information but must give it even without a request from the employee. The information may be given to the employee not later than two months after the commencement of employment in the form of (a) a written contract of employment; and/or (b) a letter of engagement; and/or a copy of a collective agreement governing the employment (Article 3). Where none of the above documents are handed over to the employee within the prescribed period the employer is obliged to give the employee not later than two months after the commencement of employment, a written declaration signed by the employer and containing at least the substantive information requirements. In the case of temporary employment contracts the worker must be given information regarding the expected duration of the work and where the contract comes to an end before the expiry of two months from the start of the work, the substantive information must be made available to the employee by the end of the two months. Any changes or modifications of aspects of the contract of employment, which change the details referred to in the substantive information requirements of the directive, must be given to the employee by the employer in writing at the earliest opportunity and not later than one month after date of entry into effect of the change in question. The substantive information requirements of the directive are not necessarily to be taken as the actual terms of the contract of employment but, as we have seen with the existing requirements in the 1973 Act, the courts and the Employment Appeals Tribunal are likely to regard

evidence of the terms of the contract. Vindication of Rights

The Act of 1973 has been extremely weak regarding enforcement due to the reliance on criminal sanction only. The EC directive requires the member-states to introduce a system of judicial process to enable all employees to obtain compliance with the applications under the directive. This will require Ireland to introduce a system allowing reference of disputes regarding information to, most likely, a Rights Commissioner and on appeal to the Employment Appeals Tribunal. Conclusions The EC Directive greatly widens the scope of the existing rights of Irish employees to information about the terms of their employment. A huge number of part-time workers (in practice mostly female workers) will gain additional rights. Employers are now faced with a mandatory requirement to give information irrespective of a failure by the employee to request information. For the first time real machinery will be in place to enforce the law. For solicitors there will be undoubtedly an increased demand for advice and other services in connection with the drafting of employment contracts and written offers of employment. Hopefully, the directive will be implemented properly by way of substantive legislation and not by way of regulation. At a time when there is a lot of discussion regarding "charters" for tax payers and

The Hon. Ms. Justice Susan Denham On 10 December last, the President of Ireland, Mrs. Mary Robinson, appointed the Honourable Ms. Justice Susan Denham as a judge of the Supreme Court. Ms. Denham is the first woman to be appointed to the Supreme Court. Hugh Geoghegan SC was appointed by the President as a judge of the High Court. He fills the vacancy which arose from Ms. Justice Denham's elevation to the Supreme Court.

consumers it must be hoped that considerable publicity will be given to the new provisions on employees' rights to information. •

The Hon. Mr. Justice Hugh Geoghegan Ms. Denham was born in Dublin and educated at Alexandra College and Trinity College Dublin as well as Columbia University, New York. She was called to the Bar in 1971 and became a Senior Counsel in 1987. She was appointed to the High Court in 1991. Hugh Geoghegan was called to the Irish Bar in 1962 and became a Senior Counsel in 1977. He has served three terms as Public Service Arbitrator. •

English Agents: Agency work undertaken for Irish solicitors in both litigation and non- contentious matters - including legal aid. Fearon & Co., Solicitors, 12 The Broadway, Woking, Surrey GU21 5AU.

Tel: 0044-483-726272. Fax: 0044-483-725807.

the information given by the employer as strong prima facie

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