Dáil debates

Wednesday, 4 July 2012

Industrial Relations (Amendment) (No. 3) Bill 2011: Report Stage

 

1:00 pm

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail)

I move amendment No. 9:

In page 11, lines 14 to 16, to delete all words from and including "if" in line 14 down to and including "circumstances," in line 16.

This is about representation and how an aggrieved person brings his or her case. As things stood under the Industrial Relations Act 1946, if a worker subject to an REA was aggrieved, he or she could simply complain to NERA. The worker had the automatic right to complain and NERA had the automatic right to take a criminal prosecution against the employer. Naturally it was not perfect, because there would never be enough inspectors to cover every case. Nevertheless, the threat was a fantastic deterrent and ensured that many people who would have been blackguarded were not.

This aspect of the 1946 legislation was discussed in the High Court in the fried chicken case. The High Court looked at the powers of this unelected and unaccountable body.

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