John Brady (Wicklow, Sinn Fein) | Oireachtas source

I move amendment No. 6:

In page 14, between lines 21 and 22, to insert the following:“Unfair Dismissals Employer Reimbursement

27. Any employer who has had a finding made against them of unfair dismissal under the Unfair Dismissals Acts 1977 to 2007, shall reimburse the State the cost of the unfairly dismissed former employee’s social welfare payments for the period of time between the date of the former employee’s dismissal and the date on which the finding is made against the employer under the aforementioned Acts.”.

We have brought this amendment back on Report Stage. The Minister said on Committee Stage that he would consider it further. We felt it important to bring it back because I am not sure the Minister fully understood the issue. There was a lengthy and probably over-complicated debate when the issue of double compensation was brought in. It is not a question of double compensation or anything like it.

Our amendment will save the State money. Since Committee Stage I have done more research. Similar amendments to the Social Welfare Bill have been tabled as far back as 2011, when it was indicated that it could save the State up to €2 million, by no means a small sum. The amendment is self-explanatory. If someone is unfairly dismissed and goes to the tribunal where there are huge difficulties. According to the latest figures we have it is up to 63 months before cases are heard. The people who have been unfairly dismissed cannot get references and have difficulty finding alternative employment. In most cases people are forced to seek social welfare payments. Between 1977 and 1993, if an employee received an award as a result of an Employment Appeals Tribunal process the amount of any social welfare payments received was deducted from that award.

That was changed in 1993. Any award to an individual now is not taken into consideration when the award is made. Given the difficulties and the fact that it can be 63 months before a case is determined, the amendment has the potential to save the State a substantial amount of money.

This is a fair amendment and the Minister said he would consider it. I am not sure if he has looked at it in the intervening week. It is a short timeframe. It is an important amendment, however, and I ask the Minister to support it.

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