Tony Killeen (Clare, Fianna Fail)

Deputy Durkan is correct in that the second "employer" should read "employee". It would not be appropriate to override protection against dismissal and penalisation in the case of actions taken by the employer for commercial reasons, which deals with paragraphs (b) and (c).

In respect of the proposed new subsection (4)(a), the employer would have a defence under the Unfair Dismissals (Amendment) Act 1993 if actions taken to ensure the employee's safety were taken in compliance with requirements under health and safety laws. Provision in this regard is already made in section 27(2)(a).

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