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

I move amendment No. 30:

In page 39, between lines 15 and 16, to insert the following:“(iv) make a decision that a separate hearing for an employment equality case is required, in addition to a general employment rights decision,”.

This goes back to the point I made earlier, that not all the cases that will be heard by the commission will fall neatly into the one area. For example, a breach in employment law may also have a discrimination element to it. How will an adjudicating officer determine an equality claim where there are parallel legislative powers under section 79 of the Employment Equality Act and then proceed to hear other aspects of the case where they have no similar powers?

Similarly, section 95 of the Employment Equality Act provides equality officers and the director of the Equality Tribunal with the power to compel witnesses. Again, this legislation does not allow for employment law breaches.

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