Oireachtas Joint and Select Committees

Wednesday, 4 May 2022

Select Committee on Jobs, Enterprise and Innovation

Sick Leave Bill 2022: Committee Stage

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I would also be very strongly opposed to this. I respect the need to remain within the boundaries of other legislation and so on, but this makes it a risk worth taking not to grant it. All of the discussion we have had today is centred around recognition of the need for this, but it has to work. Deputy Bruton described the draconian process that an employer has to go through to go at the Labour Court but it is the same for the worker, and it is a lot of energy and effort that they are going to have to put in to be able to take a case. Doing so takes a long time. If people are doing it on their own and they are not in a union, it is very arduous. Given there is a cap at the end, someone's boss might say it is worth the risk. The punishment should not just be in terms of restoring to the worker what they would have had.

It should also act as a deterrent for employers – not all employers, not even most employers, but we do not need to legislate for good and decent employers who are doing the right thing anyway. We would not be here talking about this if there was no need for it. We need to legislate for workers potentially being denied this leave where they are entitled to it. It will take a long time for them to vindicate their rights through the procedures, especially if they are doing so on their own. I would encourage people to join a union, which is the best way of going through these procedures anyway.

There needs to be a deterrent for employers. Cutting the period by 90% is excessive. I appreciate that it is not technically a cut, given that it is not in place yet. I should have chosen my words better and the Minister of State would be right to correct me on that.

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