Willie O'Dea (Limerick City, Fianna Fail)

I move amendment No. 13:

In page 8, between lines 20 and 21, to insert the following:

"(3) If any agency worker believes that an incorrect comparator has been used that worker must inform the employer and the employer will be obliged to

investigate the claim and if necessary correct the situation within a period of fourteen days. If the employer corrects the situation within fourteen days, then no claim will lie against the employer.".

The purpose of this amendment is improve procedure and make the Bill more workable from the view of the employer and employee. Where an agency worker takes up a position and is paid in comparison with a comparator that turns out to be incorrect he or she can take a case to the rights commissioner and, if necessary, go further up the line. I propose a type of fast-track system to save the time of the rights commissioner, who is already pretty well over-burdened, and of the worker and potential defendant, namely, the employment agency. The amendment provides that if a worker believes the hirer has for one reason or another used an incorrect comparator he or she can inform the agency of that, following which the agency will investigate the matter with the hirer and try to have it rectified. I anticipate that if the Minister is prepared to accept this amendment this will result in many cases being resolved without the necessity to go to the rights commissioner and so on, which only puts further pressure on already strained resources and puts the agency worker and potential defendant to unnecessary trouble.

See this speech in context