The Gazette 1993

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GAZETTE JAN/FEB 1993 '
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
the information given by the
employer as strong prima facie
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
consumers it must be hoped that
considerable publicity will be given
to the new provisions on employees'
rights to information. •
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.
Fax:
Judicial
Appointments
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.
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. •
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