Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 12:

In page 11, to delete lines 27 to 32 and substitute the following:

"(b) require the employer to take a specified course of action, which may include, in a case where the penalisation constitutes a dismissal within the meaning of section 8A(13), re-instatement or re-engagement;".

Amendment No. 12 relates to Schedule 1 of the Bill, and paragraph (1) deals with redress for an employee, following a complaint to the rights commissioner in cases of penalisation or threats of penalisation to that employee. The amendment is essentially tidying up the drafting of subparagraph (3). The reference to compensation which was in clause (b) is unnecessary as compensation is provided for in clause (c), and the introductory line of subparagraph (3) makes it clear that a rights commissioner may order one or more of the reliefs specified in clauses (b) and (c). The new wording is in line with the approach being taken in the Employment Law Compliance Bill 2008.

While the amount of damages a rights commissioner may award under clause (c) is limited to 104 weeks of pay and calculated in accordance with the unfair dismissals regulations, paragraph 3(8) makes it clear that an employee who suffers penalisation must choose whether to seek redress under this Act, or whether to seek redress under the Unfair Dismissals Acts or for wrongful dismissal at common law.

Amendment No. 13 is a drafting amendment, required to enable insertion of the proposed new sub-paragraph (10) which relates to circumstances where there is a delay in making complaints by an employee. Under subparagraph (4), the period which the employee can make a complaint to a rights commissioner is six months, beginning on the date of the contravention to which the complaint relates. The proposed amendment No 14, inserts subparagraph 10, which provides that where a delay by an employee in presenting a complaint is due to a misrepresentation of his or her employer, then the six-month clock only runs from the date of the discovery of that misrepresentation by the employee. I believe this is more equitable and fairer to the employee.

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