Regina Doherty (Meath East, Fine Gael) | Oireachtas source

I move amendment No. 4:

4. In page 6, between lines 2 and 3, to insert the following:

“PART 2

AMENDMENT OF UNFAIR DISMISSALS ACT 1977

Amendment of Unfair Dismissals Act 1977

4. Section 8 (amended by the Workplace Relations Act 2015) of the Unfair Dismissals Act 1977 is amended, by the insertion of the following subsection after subsection (12):

“(13) (a) An adjudication officer may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in proceedings under this section or to produce to the adjudication officer any documents in his or her possession, custody or control that relate to any matter to which those proceedings relate.

(b) A person to whom a notice under paragraph (a) is given shall be entitled to the same immunities and privileges as those to which he or she would be entitled if he or she were a witness in proceedings before the High Court.

(c) A person to whom a notice under paragraph (a) has been given who—

(i) fails or refuses to comply with the notice, or

(ii) refuses to give evidence in proceedings to which the notice relates or fails or refuses to produce any document to which the notice relates,

shall be guilty of an offence and shall be liable, on summary conviction, to a class E fine.”.”.

On Second Stage I signalled the intention to bring forward an amendment to section 8 of the Unfair Dismissals Act 1977 to allow for stronger enforcement of this legislation by the Workplace Relations Commission. The Workplace Relations Commission, through my colleague, the Minister for Business, Enterprise and Innovation, Deputy Humphreys, asked that this be included in the Bill because the Workplace Relations Commission is under the aegis of her Department.

Currently, adjudication officers of the Workplace Relations Commission do not have the powers to compel witnesses to attend hearings to give evidence in relation to cases taken under the Unfair Dismissals Act 1977. The Workplace Relations Commission has powers of witness compellability under other employment rights legislation and our intention is to remedy the situation and put unfair dismissals legislation on the same footing as that which applies under other employment rights legislation.

I hope Deputies will appreciate the importance of this amendment. Not every witness comes willingly to the Workplace Relations Commission. While compelling a witness is a power that the adjudicating officers have at present, it does not always happen. It is necessary to ensure that the adjudication officers hear both sides when trying to settle a dispute, especially in a case where there is serious consequences such as dismissal.

The amendment provides that the evidence that a witness gives at an unfair dismissals hearing at the Workplace Relations Commission or the Labour Court is privileged, that is, that it cannot be used for defamation purposes after the hearing. However, it also provides a person who is compelled to attend the hearing, or provide relevant information and does not do so, can and will be liable for prosecution.