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

I move amendment No. 11:

In page 7, line 34, after "employee," to insert "or who is reckless as to whether or not false or misleading information is provided,".

This amendment inserts additional text into the offence provision of section 10 in order that an employer who deliberatively or recklessly provides misleading information will be guilty of an offence. It emerged during the consultation process that some employers misrepresent their name to avoid litigation by employees. If the employee does not know the correct legal name of his or her employer's company, he or she cannot pursue a case. I am sure Deputies will agree that this is obnoxious. I am going to ensure that it is stamped out. That is why I propose to make it an offence to misrepresent any term that is required within the first five days of somebody starting employment. In the Bill as drafted, the Workplace Relations Commission, WRC, would have to prove beyond reasonable doubt that an offence of giving false or misleading information was committed deliberately. Following publication of the Bill, we suggested that the relevant provision should be expanded to read "deliberately and recklessly". This formulation would alleviate the need on the WRC to have to prove that an employer set out to provide false or misleading information. It would be sufficient that the employer did not exercise sufficient care to ensure that the information was accurate and took a risk that it might be false or misleading. The offence provision will be stronger because of this amendment.