Peter Burke (Longford-Westmeath, Fine Gael)
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This section has been worked through with the Attorney General's office. There is a high threshold of evidence required if the request was to be refused by an employer. Obviously then there is the right to go to the Workplace Relations Commission. If the employer is not found in compliance with the law there is very significant fines of an amount equal to the greater of 104 weeks' pay or €40,000. Essentially there will be a very significant threshold. It is very difficult to give examples because employers have constitutional rights. Once the assessment by the Workplace Relations Commission is that what the employee asks is reasonable, then it would be entitled to make a determination on that and obviously the determination is binding. There are different sectors of work. Some sectors are more suited to retiring earlier than others because of the impact the work has on a person's health because of the physical nature of the activity. All those areas will be taken in the round by the WRC should a challenge be made and if the employer refuses to acquiesce to the request by the employee.