Mandatory Pet Microchipping

This month the Animal Health and Welfare Act 2013 (Commencement) Order 2014 was finally signed into power by the Minister for agriculture, food and the marine, Simon Coveney. This Act will see an increase in protection for both commercial and domestic animals for a number of reasons. One of these reasons is that the Minister for Agriculture now has the ability to delegate powers to authorised officers, such as ISPCA officers and Gardaí, in order for them to investigate complaints of animal cruelty. These officers are now able to investigate private homes and issue on-the-spot fines with the backing of legislation. The Act also imposes stricter penalties on those who do commit acts of cruelty such as bans on owning or working with animals and 5 year prison sentences.

One of the most notable aspects of the new Bill is the upcoming law on microchipping your pet; beginning this September, it will be mandatory that all dogs have a chip by March 2016. This chip will contain a unique serial number linked to a national database along with the owners contact information. Currently 1 in every 3 dogs in Ireland has a microchip but without the new law experts feel as if the movement will plateau. Minister Simon Coveney notes that “the benefits of having your pet microchipped have been well established.” It not only speeds up the rehoming process but significantly reduces costs for shelters. Lost pets and owners will be quickly reunited lowering the stress levels of all involved. This is especially important because, as it stands now, less than half of found pets are reunited with their owners. Mandatory microchipping will also deter the abandoning of animals and bring those who commit this cruel act to justice.

Under the Order, the Minister will also be bringing forward sixteen statutory instruments including the Prohibition on Tail Docking and Dew Claws (Dogs) Regulations 2014. Dew claws are the fifth toe of a dog located on the back of the legs. Tail docking is where the tail of a dog is removed; this is usually done surgically as puppies though many backyard breeders and irresponsible owners have been known to attempt the feat themselves with results ranging from bad to death. This regulation will ban the docking of tails for cosmetic reasons, allowing it only in very limited circumstances under strict medical guidelines. Further prohibitions include the attendance of filming of a dog fight, and new laws regarding trafficking of animals.

The new act modernises the existing laws under the Protection of Animals Act 1911 and Diseases of Animal Act 1966. It aims to balance the requirements of the food sector with the need to protect the health and welfare of animals; so not only is it protecting the health and welfare of animals but it is also protecting the quality of our food. Minister Simon Coveney is now seeking to write out codes of practice in order to clarify what good welfare is.

This new Act will have resonance with pet owners, farmers, concerned citizens and people who just like to eat meat and dairy. There will be a conference on the 16^th of May to introduce to new laws, explain the act and discuss the issue of animal welfare. This conference will take place in Dublin Castle. Dog owners should be aware that the DSPCA has been holding free microchipping events and to look on their website for dates. Finally, it should be noted that, for anyone who wishes to report an instance of animal cruelty, the Department for Agriculture has opened a new hotline which can be reached at 1850 211 990. All calls are confidential.

Sinead MacFhionnlaoich

GCD FLAC

Employment Rights

With most people working either part or full time during college and with summer coming up, this guide relating to payment of wages, working hours, contract of employment and unfair dismissal should be a starting point for allowing you to ensure your employment rights aren’t being trampled upon.

Payment of Wages.

Minimum wage in Ireland is 8.65 per hour. The Payment of Wages Act 1991 states that every employee is entitled to a payslip. This will allow you to see all your deductions, your tax status and your net pay. Every employee is entitled to holiday pay, even if part time. Often this is can be varied by contract, such as a clause in the contract stating ‘Must work X hours a week to be entitled to holiday pay’. Generally, part-time workers are entitled to 8% of their total hours worked in holiday pay.

Working Hours.

The Organisation of Working Time Act 1997 expressly states employee’s hours of work and rest breaks. A maximum hours that can be worked is a 48 hour period over a period of 4 months, this means that for example, 56 hours could be worked one week and 40 hours the following week.

All employees must be given a 15 minute rest break every 4.5 hours and a 1 hour rest break after 6 hours. An employee must have a break of 11 hours every 24 hours.

Contract of Employment.

An employee must be provided with a written statement of the terms and conditions of their employment within 2 months of commencement of employment. This is generally done in the form of a contract. There are 13 conditions that must be included:

1. The full names of the employer and employee.

2. Address of the employer.

3. The place of work.

4. The title of the job and nature of the work.

5. The date of commencement of the employment.

6. The expected duration of the employment, if a temporary contract.

7.  The remuneration of the employee. 

8. When and how the remuneration is payable.

9. Hours of work.

10. Any terms and conditions in relation to paid leave.

11. Any terms and conditions relating to pensions and incapacity owing to sickness or injury.

12. The period of notice of termination for both the employer and employee.

13. A reference to any collective agreements which directly affect the terms of employment.

Unfair Dismissal.

An employee with over one year continuous service is entitled to bring a claim under the Unfair Dismissals Acts 1977-2011. However if the reason for dismissal is pregnancy or Trade Union membership, then employees are protected from day one of their employment.

It is for the employer to prove that there were substantial grounds to justify the dismissal and if a finding of unfair dismissal is to be avoided, not only must the employer establish that the reasons for the dismissal were fair but also that the procedures followed were fair and constitutionally acceptable.

Proceedings must be instituted within 6 months of the date of dismissal or within 12 months in exceptional cases.

Ella Weld

GCD FLAC