Tony Killeen (Clare, Fianna Fail)

I move amendment No. 28:

In page 18, to delete lines 14 to 16 and substitute the following:

"in determining whether, in those circumstances, the dismissal is an unfair dismissal, the rights commissioner, the Tribunal or the Circuit Court, as the case may be, shall have regard, for that purpose only, to—".

This covers a somewhat similar situation. The amendment clarifies that the specific criteria listed in paragraphs (i) to (iv) of the new section 5(2A) of the Unfair Dismissals Act 1977, on which the fairness or otherwise of the dismissals is to be adjudicated, apply only to the types of dismissals described in the new section 5(2A), that is, situations where all the employees involved in a strike or industrial dispute are dismissed.

See this speech in context