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

I move amendment No. 28:

In page 37, between lines 32 and 33, to insert the following:“(c) Any person appointed as an adjudication officer immediately after the commencement of this Part will be required to be adequately trained in the area of equality legislation, in addition to all relevant industrial relations and employment law.”.

The Equality Rights Alliance has raised a number of concerns with regard to the legislation. As the Minister knows, not all of the employment cases before the Workplace Relations Commission will fall into one specific area, and I understand ICTU has also raised concerns on this. For example, a case dealing with a breach of employment may also include a discrimination dimension. The Equality Tribunal does not operate like an ordinary court in that it investigates cases.

Equality officers will have wide reaching powers, such as the power to compel witnesses. These cases are not reliant on legal arguments as presented by a complainant or respondent. Cases of discrimination are unique in that the burden of proof passes to the respondent once the complainant has made the prima faciecase of discrimination. In short, there is concern that future adjudication officers will not be adequately trained to deal with the equal status cases.

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