Oireachtas Joint and Select Committees

Thursday, 26 June 2014

Select Committee on Jobs, Enterprise and Innovation

Employment Permits (Amendment) Bill 2014: Committee Stage

10:30 am

Photo of Seán SherlockSeán Sherlock (Cork East, Labour) | Oireachtas source

I move amendment No. 9:


In page 7, between lines 27 and 28, to insert the following:“(6) Proceedings under this section shall not be brought after the expiration of 2 years from the day on which the foreign national ceased his or her employment or service with the employer, a person referred to in section 2(1A)(a) or contractor referred to in section 2(1A)(b).
(7) Proceedings under this section shall not be brought in respect of any work, or services, done or rendered more than 6 years prior to the day on which the proceedings are instituted.
(8) Subsection (7) shall apply to proceedings under this section whether the work was done or the services were rendered before or on or after the coming into operation of section 4 of the Employment Permits (Amendment) Act 2014.
(9) Without prejudice to subsection (6), proceedings under this section shall not be brought where—
(a) the foreign national, in respect of any right of action he or she may have and whether such right of action arises pursuant to any enactment or otherwise, has—
(i) instituted proceedings in relation to the same, or substantially the same, work done or services rendered as referred to in this section, or
(ii) otherwise commenced an action or other claim in relation to the same, or substantially the same, work done or services rendered as referred to in this section,
and
(b) those proceedings have, or that action or claim has, not been finally determined.
(10) In proceedings instituted by the Minister under this section the court shall not award costs in favour of the foreign national but may award costs in favour of the Minister.”.

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