Peadar Tóibín (Meath West, Sinn Fein) | Oireachtas source

I move amendment No. 26:

In page 36, to delete lines 36 to 38 and substitute the following:"(6) The terms of a resolution consequent upon a mediation conference under this section shall be binding on the parties and if either party contravenes any such term, in whole or in part, to the terms of the resolution then on an application for enforcement the District Court may make an order directing that person to carry out those terms, or as the case may be the terms to which the application relates; but the District Court shall not by virtue of this subsection, direct any person to pay any sum or do any other thing which (had the matter been dealt with otherwise than mediation) could not have been provided for.”.

There is concern that when an employer reneges on a mediated settlement, an employee will have to take a costly breach of contract action through the civil courts. This amendment seeks to ensure that mediated settlements are enforced in the same manner as adjudicated Labour Court decisions are enforced. This is already the case under section 91 of the Employment Equality Acts, which the Government is seeking to repeal in this legislation.

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