Seanad amendment No. 173: Schedule 6: In page 83, to delete lines 26 to 36 and substitute the following: “(c)require the employer to pay to the worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the worker’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”. Seanad amendment agreed to. Seanad amendment No. 174:Schedule 6: In page 83, to delete lines 37 to 44. Seanad amendment agreed to. Seanad amendment No. 175:Schedule 6: In page 85, to delete lines 23 to 33 and substitute the following: "(c)require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977." Seanad amendment agreed to. Seanad amendment No. 176:Schedule 6:In page 85, to delete lines 34 to 41. Seanad amendment agreed to. Seanad amendment No. 177: Schedule 6: In page 88, to delete lines 4 to 6 and substitute the following:"(a)complied with a direction under section 6A given in relation to the contravention before the commencement of section 8of the Workplace Relations Act 2015, or" Seanad amendment agreed to. Seanad amendment No. 178:Schedule 6: In page 88, to delete lines 43 to 45 and in page 89, to delete lines 4 to 11 and substitute the following: "(d)order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”." Seanad amendment agreed to. Seanad amendment No. 179:Schedule 6: In page 89, to delete lines 12 to 20. Seanad amendment agreed to. Seanad amendment No. 180:Schedule 6: In page 91, to delete lines 43 and 44 and substitute the following: "(b)a claim under Part IV of the Act of 1967 as extended by section 29.”." Seanad amendment agreed to. Seanad amendment No. 181:Schedule 6: In page 92, to delete lines 4 to 7. Seanad amendment agreed to. Seanad amendment No. 182:Schedule 6: In page 93, to delete lines 34 to 38 and substitute the following: "(c)order the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances.”." Seanad amendment agreed to. Seanad amendment No. 183:Schedule 6: In page 93, to delete lines 39 to 46. Seanad amendment agreed to. Seanad amendment No. 184: Schedule 6: In page 94, to delete lines 30 to 35 and substitute the following: "(c)order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances.”." Seanad amendment agreed to. Seanad amendment No. 185:Schedule 6: In page 94, to delete lines 36 to 43. Seanad amendment agreed to. Seanad amendment No. 186:Schedule 6: In page 95, to delete lines 26 to 32 and substitute the following: “(c)require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment.”." Seanad amendment agreed to. Seanad amendment No. 187: Schedule 6: In page 95, to delete lines 33 to 41. Seanad amendment agreed to. Seanad amendment No. 188:Schedule 6: In page 96, to delete lines 18 to 20 and substitute the following: "(b)consisting of a question to which section 39(15) of the Redundancy Payments Act 1967, applies.”." Seanad amendment agreed to. Seanad amendment No. 189: Schedule 6: In page 96, to delete lines 21 to 23. Seanad amendment agreed to. Seanad amendment No. 190: Schedule 6:In page 96, to delete lines 28 to 45 and in page 97, to delete line 4 and substitute the following: "21.(1)A decision of an adjudication officer under section 42of the Workplace Relations Act 2015in relation to a dispute between an employee and his or her employer relating to the entitlements of the employee under this Act (or any matter arising out of or related to those entitlements or otherwise arising under this Act) or a decision of the Labour Court under section 45of the said Workplace Relations Act 2015on appeal from the first-mentioned decision, may contain such directions to the parties concerned as the adjudication officer or the Labour Court, as the case may be, considers necessary or expedient for the resolution of the dispute or matter and such other redress as the adjudication officer or the Labour Court, as the case may be, considers appropriate having regard to all of the circumstances and the provisions of this Act, and accordingly may specify—" Seanad amendment agreed to. Seanad amendment No. 191: Schedule 6: In page 97, to delete lines 37 and 38 and in page 98, to delete lines 4 to 13 and substitute the following: " (4)Without prejudice to the generality of subsections (1) and (2), a decision of an adjudication officer under section 42of the Workplace Relations Act 2015in relation to a dispute referred to in subsection (1) may contain a direction that the commencement of parental leave be postponed for a specified period (whether or not being the period specified in the relevant notice under section 11(1)), provided that the adjudication officer—" Seanad amendment agreed to. Seanad amendment No. 192: Schedule 6:In page 99, to delete lines 4 to 10 and substitute the following: " (6)Without prejudice to the generality of subsections (1) and (2), a decision of an adjudication officer under section 42of the Workplace Relations Act 2015in relation to a dispute referred to in subsection (1) may contain a direction that—" Seanad amendment agreed to. Seanad amendment No. 193: Schedule 6:In page 100, to delete lines 12 to 20. Seanad amendment agreed to. Seanad amendment No. 194: Schedule 6:In page 101, to delete lines 15 to 34 and substitute the following: "(c)require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”." Seanad amendment agreed to. Seanad amendment No. 195: Schedule 6:In page 101, to delete lines 35 to 47 and in page 102, to delete lines 4 to 6. Seanad amendment agreed to. Seanad amendment No. 196: Schedule 6: In page 102, to delete lines 10 to 21 and substitute the following: "“(6)A decision of the Labour Court under section 45of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in subsection (5), shall affirm, vary or set aside the decision of the adjudication officer.”,and(e)the deletion of subsection (7)." Seanad amendment agreed to. Seanad amendment No. 197: Schedule 6:In page 102, to delete lines 41 and 42 and substitute the following: “(b)the deletion of subsections (3), (5), (6) and (7)," Seanad amendment No. 198: Schedule 6:In page 105, after line 45, to insert the following:“Section 34 is amended by the insertion of the following subsection:“(6)In this section ‘inspector’ has the same meaning as it has in the Workplace Relations Act 2015.”." Seanad amendment agreed to. Seanad amendment No. 199: Schedule 6: In page 106, to delete lines 4 to 12 and substitute the following: “14.No. 19 of 2001Carer’s Leave Act 2001Section 2 is amended, in subsection (1), by the substitution of the following definition for the definition of Minister: “ ‘Minister’ means the Minister for Justice and Equality;”.Section 17 is amended—(a)in subsection (1), by the deletion of the words “applies to any dispute between an employee and the employer relating to any entitlement of the employee under this Act (or any matter arising out of or related to such an entitlement) but”, and" Seanad amendment agreed to. Seanad amendment No. 200: Schedule 6:In page 107, to delete lines 41 to 45 and in page 108, to delete lines 4 to 10 and substitute the following: ““(1)In proceedings under Part 4of the Workplace Relations Act 2015in respect of a complaint of a contravention of section 8A(5), it shall not be necessary for the employee to show that he or she has at least one year’s continuous service with the employer concerned.”," Seanad amendment agreed to. Seanad amendment No. 201: Schedule 6:In page 108, to delete lines 40 to 46 and in page 109, to delete lines 4 to 32 and substitute the following: “(c)require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977." Seanad amendment agreed to. Seanad amendment No. 202: Schedule 6:In page 109, to delete lines 33 to 47 and on page 110, to delete line 4 and substitute the following: “(b)by the substitution of the following paragraph for paragraph 2:“2A decision of the Labour Court under section 45of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in paragraph 1(3), shall affirm, vary or set aside the decision of the adjudication officer.”," Seanad amendment agreed to. Seanad amendment No. 203: Schedule 6:In page 110, to delete lines 5 to 23 and substitute the following: “(c)in paragraph 3 by—(i)the substitution of the following subparagraph for subparagraph (7):“(7)In proceedings under Part 4of the Workplace Relations Act 2015in relation to a complaint that section 8A(5) has been contravened, it shall be presumed, until the contrary is proved, that the employee concerned acted reasonably and in good faith in forming the opinion and making the communication concerned.”," Seanad amendment agreed to. Seanad amendment No. 204: Schedule 6:In page 110, to delete lines 24 to 36 and substitute the following: “(ii)the substitution, in clause (a) of subparagraph (8), of “a complaint in respect of the contravention shall not be referable to an adjudication officer under section 42of the Workplace Relations Act 2015or a mediation officer under section 39of that Act” for “such dismissal may not be presented to a rights commissioner under paragraph 1(1)”, and" Seanad amendment agreed to.

See this item in context