WHAT TO KEEP AN EYE OUT FOR…
ONLY 40% OF FATHERS AVAILING OF PATERNITY BENEFIT, FIGURES SHOW
Only about 40 per cent of men who have just become fathers are availing of paternity benefit, new figures released by the Department of Social Protection show.
Last year, 24,080 men applied for the benefit, which is paid at a rate of €240 per week for two weeks of leave.
This is a slight increase in uptake compared with statistics released for 2017. However, with annual birth rates in Ireland running at approximately 60,000, the figures show that more than half of fathers are still not availing of the benefit.
Dublin had the highest number of claimants, which amounted to 28 per cent of overall applications while, for the second year, Leitrim had the lowest number of claimants at 174.
Same-sex couples
Paternity leave can be taken at any time within the first six months following a birth or an adoption, and is also available to same-sex couples.
The scheme was launched in September 2016 and the payment will be increased to €245 per week from the end of March, as provided for in October’s budget.
Allowing parents greater time with a new baby will be beneficial to children, families and society as a whole
Commenting on the figures, Minister for Social Protection Regina Doherty said in a statement: “I am delighted that the relatively recent paternity leave is proving so popular. This is not just good for dads but improves the quality of life for all the family.
“I would encourage working parents, both employees and self-employed, who are expecting or adopting a new baby to avail of their PRSI and to take their paternity leave,” the Minister added.
“The first 12 months of life are incredibly formative for a child and the benefit of allowing parents greater time with a new baby will be beneficial to individual children, families and society as a whole.”
In total, 55,652 fathers have availed of paternity benefit since the programme’s inception in September 2016.
Those applying for the paternity benefit payment must sign up for the Government’s MyGovID online account and get a public services card.
Last year, 24,080 men applied for the benefit, which is paid at a rate of €240 per week for two weeks of leave.
This is a slight increase in uptake compared with statistics released for 2017. However, with annual birth rates in Ireland running at approximately 60,000, the figures show that more than half of fathers are still not availing of the benefit.
Dublin had the highest number of claimants, which amounted to 28 per cent of overall applications while, for the second year, Leitrim had the lowest number of claimants at 174.
Same-sex couples
Paternity leave can be taken at any time within the first six months following a birth or an adoption, and is also available to same-sex couples.
The scheme was launched in September 2016 and the payment will be increased to €245 per week from the end of March, as provided for in October’s budget.
Allowing parents greater time with a new baby will be beneficial to children, families and society as a whole
Commenting on the figures, Minister for Social Protection Regina Doherty said in a statement: “I am delighted that the relatively recent paternity leave is proving so popular. This is not just good for dads but improves the quality of life for all the family.
“I would encourage working parents, both employees and self-employed, who are expecting or adopting a new baby to avail of their PRSI and to take their paternity leave,” the Minister added.
“The first 12 months of life are incredibly formative for a child and the benefit of allowing parents greater time with a new baby will be beneficial to individual children, families and society as a whole.”
In total, 55,652 fathers have availed of paternity benefit since the programme’s inception in September 2016.
Those applying for the paternity benefit payment must sign up for the Government’s MyGovID online account and get a public services card.
MAN TOLD TO 'KEEP WORKING' WHILE HAVING A HEART ATTACK
An "indifferent" employer told a senior technician to keep working after the worker told him that he was experiencing chest-pain and may be having a heart attack.
The following day on June 27th 2017, the worker continued to feel unwell and was rushed to hospital where it was confirmed by medics that he had in fact suffered a heart attack.
The man’s employer came to visit the man while he was in hospital and told him that his job was secure.
However, just over four weeks after the man was admitted to hospital, the man’s employer served redundancy notice on him on July 28th and he was subsequently replaced at his workplace after having his employment terminated on August 11th 2017.
The worker was seriously ill and had stents inserted and was required to undergo an intensive rehabilitation after having been hospitalised and this continued until January 2018.
The man had worked for the business since April 2013 and at the Workplace Relations Commission, WRC Adjudication Officer, Pat Brady has ordered the employer to pay the man €35,000 after finding that he suffered a discriminatory dismissal under the Employment Equality Acts.
Mr Brady found that the worker was suffering with a disability at the time of his dismissal and he stated that the decision to dismiss the worker on discriminatory grounds “was a particularly insensitive act in the circumstances”.
He said: “It is of course permitted to fairly terminate employment on the basis of ‘capacity’; but not after the passage of a mere few weeks, or without a proper and fair procedure, and not under the ‘cloak of redundancy’.”
Mr Brady said that there is no credible alternative explanation for the dismissal other than that the employer decided in view of the employee’s illness, and likely extended rehabilitation process to terminate his employment.
Mr Brady found that at no stage before or after the worker suffered a heart attack was there any reference to the possibility of redundancy, nor was there any discussions of the options normally associated with redundancy, selection processes or alternatives.
Mr Brady stated that no redundancy payment was made to the man and it appears that here were no other redundancies.
The worker had not lodged his claim until April 2018 and explaining the delay, a medical cert was furnished to the effect that the worker was "medically unfit to contemplate any form of litigation" and that he had not been "in a fit state of mind due to emotional upset and anxiety to contemplate proceedings in the six-seven months following his heart attack”.
The employer did not attend the hearing and a representative wrote to the WRC following the hearing in the case to state that the company had ceased trading on August 11th 2017.
The following day on June 27th 2017, the worker continued to feel unwell and was rushed to hospital where it was confirmed by medics that he had in fact suffered a heart attack.
The man’s employer came to visit the man while he was in hospital and told him that his job was secure.
However, just over four weeks after the man was admitted to hospital, the man’s employer served redundancy notice on him on July 28th and he was subsequently replaced at his workplace after having his employment terminated on August 11th 2017.
The worker was seriously ill and had stents inserted and was required to undergo an intensive rehabilitation after having been hospitalised and this continued until January 2018.
The man had worked for the business since April 2013 and at the Workplace Relations Commission, WRC Adjudication Officer, Pat Brady has ordered the employer to pay the man €35,000 after finding that he suffered a discriminatory dismissal under the Employment Equality Acts.
Mr Brady found that the worker was suffering with a disability at the time of his dismissal and he stated that the decision to dismiss the worker on discriminatory grounds “was a particularly insensitive act in the circumstances”.
He said: “It is of course permitted to fairly terminate employment on the basis of ‘capacity’; but not after the passage of a mere few weeks, or without a proper and fair procedure, and not under the ‘cloak of redundancy’.”
Mr Brady said that there is no credible alternative explanation for the dismissal other than that the employer decided in view of the employee’s illness, and likely extended rehabilitation process to terminate his employment.
Mr Brady found that at no stage before or after the worker suffered a heart attack was there any reference to the possibility of redundancy, nor was there any discussions of the options normally associated with redundancy, selection processes or alternatives.
Mr Brady stated that no redundancy payment was made to the man and it appears that here were no other redundancies.
The worker had not lodged his claim until April 2018 and explaining the delay, a medical cert was furnished to the effect that the worker was "medically unfit to contemplate any form of litigation" and that he had not been "in a fit state of mind due to emotional upset and anxiety to contemplate proceedings in the six-seven months following his heart attack”.
The employer did not attend the hearing and a representative wrote to the WRC following the hearing in the case to state that the company had ceased trading on August 11th 2017.
'FLOATING FACTORY' FISHING CREW MEMBER AWARDED €40,000
An Egyptian crew member who would often work 20 hours a day on a ‘floating factory’ off Ireland’s coastline here has been awarded just under €40,000 in compensation.
In the case, the Workplace Relations Commission (WRC) has ordered a fishing boat owner/operator here to pay €39,766 to the migrant worker for various breaches of employment legislation.
The crewman has succeeded in his claim under a number of headings and the WRC has ordered the fishing boat owner to pay the man €13,707 for the underpayment of wages.
The WRC has also ordered the fishing boat owner to pay the man €10,000 compensation for breach of weekly rest periods; €10,000 for working excessive hours; €5,000 for breach of daily rest and breaks; €483.41 for outstanding annual leave and €575.64 for public holidays.
Inspectors from the WRC had inspected the boat and the crewman’s working conditions on April 27, 2017 and the WRC inspectors were satisfied that everything was in order.
However, the man alleged at the WRC that in advance of being interviewed by the inspectors in April 2017, he and his work colleagues were told to say that everything was fine and that they got their rest breaks.
The man also pointed out that he does not speak English and when he spoke to the WRC Inspector there was no translator. His answers were given through a work colleague who translated for him.
The crewman said that his fishing boat could be best be described as a ‘floating factory’ and would be at sea for many days at a time.
The fishing boat was primarily based out of Howth but also at different times was also based out of Dunmore East, Castletownbere and Ros A Mhíl.
Describing his working day on the fishing boat that fished for prawns, the crewman said that along with a small crew he was involved in putting out the nets; bringing in the nets; killing the prawns; sorting the prawns into gender and size; placing them in the deep freeze to be freeze blasted and in the cold room to be stored.
The man stated that it was frequently the case that by the time that he was finished processing the prawns, the next catch was ready to be brought in and processed.
The work was described as “arduous, difficult and at times dangerous”.
The worker’s evidence was that he often worked 20 hours a day.
The man documented that on one fishing trip out of Howth, he spent six days at sea where there was 21.32 hours fishing per day.
The worker claimed that he worked 3,924 hours in the period under review and he should have been paid €36,297 but was only paid €24,754.
Ken Fleming of the International Transport Workers Federation (ITWF) took the case on behalf of the Egyptian man and said that it was as “a fantastic day” for the ITWF.
He said: “It makes our work completely worthwhile and gives me the energy to continue with it. It is a fair award and the man is entitled to every penny of it as it is what he is entitled to.”
Mr Fleming said: “I would hope that the €39,766 award will set the bar for future awards.”
Mr Fleming said that he is personally dealing with a number of other cases - “in the early two figures” - before the WRC concerning migrant crewmen on fishing boats.
Mr Fleming said that he hoped the award would encourage other workers in the fishing industry to come forward.
Mr Fleming said that the worker is delighted with the award. He said that the man no longer works in the fishing industry here and now works here in the catering industry.
It is open to the fishing boat operator to appeal the ruling to the Labour Court.
In the case, the Workplace Relations Commission (WRC) has ordered a fishing boat owner/operator here to pay €39,766 to the migrant worker for various breaches of employment legislation.
The crewman has succeeded in his claim under a number of headings and the WRC has ordered the fishing boat owner to pay the man €13,707 for the underpayment of wages.
The WRC has also ordered the fishing boat owner to pay the man €10,000 compensation for breach of weekly rest periods; €10,000 for working excessive hours; €5,000 for breach of daily rest and breaks; €483.41 for outstanding annual leave and €575.64 for public holidays.
Inspectors from the WRC had inspected the boat and the crewman’s working conditions on April 27, 2017 and the WRC inspectors were satisfied that everything was in order.
However, the man alleged at the WRC that in advance of being interviewed by the inspectors in April 2017, he and his work colleagues were told to say that everything was fine and that they got their rest breaks.
The man also pointed out that he does not speak English and when he spoke to the WRC Inspector there was no translator. His answers were given through a work colleague who translated for him.
The crewman said that his fishing boat could be best be described as a ‘floating factory’ and would be at sea for many days at a time.
The fishing boat was primarily based out of Howth but also at different times was also based out of Dunmore East, Castletownbere and Ros A Mhíl.
Describing his working day on the fishing boat that fished for prawns, the crewman said that along with a small crew he was involved in putting out the nets; bringing in the nets; killing the prawns; sorting the prawns into gender and size; placing them in the deep freeze to be freeze blasted and in the cold room to be stored.
The man stated that it was frequently the case that by the time that he was finished processing the prawns, the next catch was ready to be brought in and processed.
The work was described as “arduous, difficult and at times dangerous”.
The worker’s evidence was that he often worked 20 hours a day.
The man documented that on one fishing trip out of Howth, he spent six days at sea where there was 21.32 hours fishing per day.
The worker claimed that he worked 3,924 hours in the period under review and he should have been paid €36,297 but was only paid €24,754.
Ken Fleming of the International Transport Workers Federation (ITWF) took the case on behalf of the Egyptian man and said that it was as “a fantastic day” for the ITWF.
He said: “It makes our work completely worthwhile and gives me the energy to continue with it. It is a fair award and the man is entitled to every penny of it as it is what he is entitled to.”
Mr Fleming said: “I would hope that the €39,766 award will set the bar for future awards.”
Mr Fleming said that he is personally dealing with a number of other cases - “in the early two figures” - before the WRC concerning migrant crewmen on fishing boats.
Mr Fleming said that he hoped the award would encourage other workers in the fishing industry to come forward.
Mr Fleming said that the worker is delighted with the award. He said that the man no longer works in the fishing industry here and now works here in the catering industry.
It is open to the fishing boat operator to appeal the ruling to the Labour Court.
