Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

This is a purely technical amendment. Section 85C was originally section 85D. With the deletion of the original section 85B, it has become renumbered. Section 85C allows for an employee to make a complaint to the Workplace Relations Commission, WRC, of non-compliance with reporting regulations by his or her employer. The director general of the WRC or an adjudication officer will investigate the complaint if satisfied that there is a prima faciecase. Subsection 5 provides for an appeal by the complainant or the respondent to the Labour Court within a specified period.

Section 4 inserts a further category of parties into section 88 of the Employment Equality Act 1998. Section 88 of the 1998 Act provides for the form and content of the decision of the director general of the WRC or the termination of the Labour Court. Section 4 intends to include the complainant and the respondent where a decision or determination is made under section 85C in the definition of parties to whom section 88 applies.

The Bill as passed by this House incorrectly referred to section 85D, which, due to the Dáil Report Stage amendment, no longer exists. The purpose of the amendment is to replace section 85D with section 85C.

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