The Gazette 1977

GAZETTE

OCTOBER- 1977

SOCIETY OF YOUNG SOLICITORS

(a) The employees trade union membership or activities, either outside working hours or at those times during working hours when permitted by the employer. (b) Religious or political opinions. (c) Race or colour. (d) Legal proceedings against the employer where the employee is a party or a witness. (e) Unfair selection for redundancy. (0 Pregnancy, unless the employee was unable to do her work adequately or her continued employment would involve contravention of a Statutory requirement. A woman employee who claims she was dismissed due to pregnancy may bring her unfair dismissal claim even though she does not have a years continuous service with her employer. Claims by employees under the Act are heard before the Rights Commissioner and there is a right of appeal to the Circuit Court. 5. Protection of Empl oymt Act 1977 This Act came into force on 10th May 1977. The purpose of the Act is to give greater protection to groups of workers faced by redundancy. It ensures that their representatives receive prior notification and are consulted beforehand by their employer. The Act also provides that an employer must notify the Minister for Labour of the proposed redundancies and then delay their implementation until thirty days have elapsed. 6. Employment Equality Act 1977 This Act came into force on 1st July 1977. It outlaws discrimination on the grounds of sex or marital status: (a) In recruitment for employment. (b) In conditions of employment (other than remuneration or a term relating to an occupational pension scheme). (c) In training or in work experience or (d) In opportunities for promotion. Under the Act it is unlawful for an employer to have rules or instructions which discriminate on grounds of sex or marital status. While the Act is aimed primarily at eliminating discrimination by employers it also makes unlawful, discrimination by employers in activities which are related to employment. The Act does not apply to specified employments for example the Defence Forces or the Gárda Siochána, family employments or by the sex of the employee as an occupational qualification for the job. The Statutory bar on male midwives is also removed. Any individual who feels he is suffering from discrimination of a nature outlawed by the Act may apply directly to the Labour Court under the procedures specified in the Act. 7. The Protection of Young Persons (Employment) Act 1977 This Act came into operation on 5th July 1977. The main purpose of the Act is to extend the scope of the legislative protection given to young workers under the 159

SUMMARY OF RECENTLY INTRODUCED LABOUR LEGISLATION

The following is a very brief summary of the more relevant of the recent Labour Legislation with details of the date on which the Acts came into force. 1. Minimum Notice and Terms of Employment Act 1973 This Act came into force on 1st September 1973. It lays down minimum periods of notice to be given by employers and by employees when terminating a Contract of employment. In addition it gives employees the right to have information about the terms of their employment set out in writing. 2. Holidays (Employees) Act 1973 The Act came into force on 1st April 1974 replacing the Holidays (Employees) Act 1961. It provides that most non-agricultural employees are entitled to three weeks annual holidays for each "leave year" with pro rata entitlements for periods of employment of less than a year. It also provides for entitlements in respect of public holidays. For the purposes of the Act a "leave year" means the year beginning on 1st April. 3. Anti- Discrimination (Pay) Act 1974. This Act came into force on 31st December 1975. It aims to ensure equal treatment between men and women in regard to pay firstly by establishing the right to equal pay for like work and secondly by providing the means by which this right can be enforced. The Act provides that the right to equal pay will apply retrospectively to 31st December 1975 and so employers who delay implementation may find themselves faced with claims for substantial arrears of pay. 4. Unfair Dismissals Act 1977 The Act came into operation on 9th May 1977. The purpose of the Act is to protect employees from being unfairly dismissed from their jobs by laying down criteria by which dismissals are to be judged unfair and by providing an adjudication system and redress for an employee whose dismissal has been found to be unjustified. Effectively it protects employees who have been in the same job for more than one year from being unfairly dismissed. It does not apply to those of retiring age, to the Defence Forces or Gardai or to State or other similar employments. To justify dismissal the employer must show substantial grounds, for example, employee's misconduct, redundancy or the employee's incompetence. Dismissals will be unfair under the Act where it is shown that they resulted wholly or mainly from any of the toilowing: