Dáil debates
Wednesday, 13 May 2015
Workplace Relations Bill 2014: From the Seanad (Resumed)
10:50 am
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Seanad amendments Nos. 71, 78 and 172 are related and will be discussed together.
Seanad amendment No. 71:Section 42: In page 39, to delete lines 17 to 23 and substitute the following:“(b) In this subsection “relevant redress provision” means—(i) in relation to a complaint under this section of a contravention of a provision of an enactment specified in Part 1 or 2 of Schedule 5, the provision of that enactment specified in Part 1 of Schedule 6, (ii) in relation to a dispute as to the entitlements of an employee under an enactment specified in Part 3 of Schedule 5, the provision of that enactment specified in Part 1 of Schedule 6, and (iii) in relation to a complaint under subsection (3), paragraph 1 of Schedule 2 to the Act of 2012.”.
Seanad amendment No. 73:Section 42: In page 41, between lines 2 and 3, to insert the following:“(9) An adjudication officer may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in proceedings under this section or to produce to the adjudication officer any documents in his or her possession, custody or control that relate to any matter to which those proceedings relate. (10) A person to whom a notice under subsection (9) is given shall be entitled to the same immunities and privileges as those to which he or she would be entitled if he or she were a witness in proceedings before the High Court. (11) A person to whom a notice under subsection (9) has been given who—(a) fails or refuses to comply with the notice, or (b) refuses to give evidence in proceedings to which the notice relates or fails or refuses to produce any document to which the notice relates,shall be guilty of an offence and shall be liable, on summary conviction, to a class E fine.”.
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Seanad amendments Nos. 74 and 82 are related and will be discussed together.
Seanad amendment No. 74:Section 42: In page 41, to delete lines 9 to 20 and substitute the following:“(11) (a) In proceedings before an adjudication officer in respect of a complaint presented, or dispute referred, under this Part, the complainant or respondent to the complaint or dispute (including a complainant or such a respondent to whom paragraph (b) applies) may be accompanied and represented by—(i) a trade union official within the meaning of section 11 of the Act of 1990, (ii) an official of a body that, in the opinion of the adjudication officer, represents the interests of employers, (iii) a practising barrister or practising solicitor, or (iv) any other person, if the adjudication officer so permits.(b) In proceedings before an adjudication officer in respect of a complaint presented,or dispute referred, under this Part, the complainant or respondent to the complaint or dispute may, if he or she has not yet attained the age of 18 years, be accompanied and represented by his or her parent or guardian.”.
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Seanad amendments Nos. 76, 105, 108, 132, 141 and 152 are related and will be discussed together.
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Seanad amendments Nos. 77 and 83 are related and will be discussed together.
Seanad amendment No. 77:Section 44: In page 43, to delete lines 5 to 7 and substitute the following:“(5) An application under this section to the District Court shall be made to a judge of the District Court assigned to the District Court district in which the employer concerned ordinarily resides or carries on any profession, business or occupation.”.
Seanad amendment No. 78:Section 45: In page 43, lines 9 to 15, to delete all words from and including “(1) A” in line 9 down to and including line 15 and substitute the following:“(1) (a) A party to proceedings under section 42 may appeal a decision of an adjudication officer given in those proceedings to the Labour Court and, where the party does so, the Labour Court shall—(i) give the parties to the appeal an opportunity to be heard by it and to present to it any evidence relevant to the appeal, (ii) make a decision in relation to the appeal in accordance with the relevant redress provision, and (iii) give the parties to the appeal a copy of that decision in writing.(b) In this subsection “relevant redress provision” means—(i) in relation to an appeal from a decision of an adjudication officer under section 42 relating to a complaint under that section of a contravention of a provision of an enactment specified in Part 1 or 2 of Schedule 5, the provision of that enactment specified in Part 2 of Schedule 6, (ii) in relation to an appeal from a decision of an adjudication officer under section 42 relating to a dispute as to the entitlements of an employee under an enactment specified in Part 3 of Schedule 5, the provision of that enactment specified in Part 2 of Schedule 6, and (iii) in relation to an appeal from a decision of an adjudication officer under section 42 relating to a complaint under subsection (3) of that section, paragraph 2 of Schedule 2 to the Act of 2012.”.
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Seanad amendments Nos. 79 and 80 are related and will be discussed together.
Seanad amendment No. 81:Section 45: In page 44, to delete line 6 and substitute the following:“(11) Proceedings under this section shall be conducted in public unless the Labour Court, upon the application of a party to the appeal, determines that, due to the existence of special circumstances, the proceedings (or part thereof) should be conducted otherwise than in public.”.
Seanad amendment No. 82:Section 45: In page 44, to delete lines 10 and 11 and substitute the following:“(13) (a) In proceedings before the Labour Court under this section, the appellant or respondent (including an appellant or respondent to whom paragraph (b) applies) may be accompanied and represented by—(i) a trade union official within the meaning of section 11 of the Act of 1990, (ii) an official of a body that, in the opinion of the Labour Court, represents the interests of employers, (iii) a practising barrister or practising solicitor, or (iv) any other person, if the Labour Court so permits.(b) In proceedings before the Labour Court under this section, the appellant or respondent may, if he or she has not yet attained the age of 18 years, be accompanied and represented by his or her parent or guardian.”.
Seanad amendment No. 83:Section 46: In page 44, to delete lines 37 to 39 and substitute the following:“(4) An application under this section to the District Court shall be made to a judge of the District Court assigned to the District Court district in which the employer concerned ordinarily resides or carries on any profession, business or occupation.”.
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Seanad amendments Nos. 84 and 98 form a composite proposal and will be discussed together.
Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source
The Chief Parliamentary Counsel has advised that there is a difficulty with the constitutionality of the provisions. As drafted, the legislation allows the prosecution to prove all the ingredients of the offence by way of statements in a document. The prosecution would not be required to call witnesses and, consequently, the defence would have no opportunity to cross-examine, which is a fundamental requirement of proceedings in dealing with an offence. As a result, section 47 is to be replaced and a modified version of the provision is proposed as an amendment to section 75 of the Bill. The modified provision will result in a new subsection being inserted into section 21 of the Industrial Relations Act 1946. That section created an offence of a failure to appear before the Labour Court on foot of a summons to so appear. As originally drafted, section 47 would have allowed the prosecution to prove all of the ingredients of the offence in question by way of statements in a document. The prosecution would not be required to call witnesses and, consequently, the defence would have no opportunity to cross-examine, which is a fundamental requirement of proceedings in dealing with an offence. That is the background.
Seanad amendment No. 85:Section 51: In page 46, lines 16 to 31, to delete all words from and including “(1) A” in line 16 down to and including line 31 and substitute the following:“(1) There shall be included among the debts that, under section 285 of the Companies Act 1963 or section 621 of the Companies Act 2014 are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all compensation payable by virtue of this Part by the company to an employee, and the said section 285 or 621, as may be appropriate, shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where provision is otherwise made in relation thereto under the Companies Act 1963 or the Companies Act 2014, as may be appropriate.”.
Seanad amendment No. 88:Section 53: In page 47, between lines 16 and 17, to insert the following:“Offence to fail or refuse to pay compensation 53.(1) It shall be an offence for a person to fail to comply with an order under section 44 or46 directing an employer to pay compensation to an employee. (2) It shall be a defence to proceedings for an offence under this section for the defendant to prove on the balance of probabilities that he or she was unable to comply with the order due to his or her financial circumstances. (3) A person guilty of an offence under this section shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both.”.
Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source
This is a necessary deterrent to respondents in employment rights proceedings who fail to pay awards of compensation as directed. The amendment provides that it will be an offence for a party so directed to pay compensation to a complainant but who fails to do so, except in circumstances where that respondent can demonstrate to the court that his or her failure to pay the compensation was due to inability to pay. This is an improved enforcement mechanism.
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Seanad amendments Nos. 89 to 91, inclusive, are related and will be discussed together.
Seanad amendment No. 89:Section 53: In page 47, lines 18 and 19, to delete all words from and including “(1) The” in line 18 down to and including line 19 and substitute the following:“(1) The enactments specified in column (3) of Part 1 of Schedule 6 are amended to the extent specified in column (4) of that Part. (2) The enactments specified in column (3) of Part 2 of Schedule 6 are amended to the extent specified in column (4) of that Part.”.
Seanad amendment No. 90:Section 53: In page 47, line 20, to delete “The amendments to the enactments specified in column (3) of Schedule 6” and substitute the following:“Subject to section 54, the amendment effected by this section of the enactments specified in column (3) of Part 1, and column (3) of Part 2, of Schedule 6”.
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Seanad amendments Nos. 92 and 93 form a composite proposal and will be discussed together.
Seanad amendment No. 92:Section 67: In page 50, to delete lines 33 and 34 and in page 51, to delete lines 1 to 3 and substitute the following:“67.(1) (a) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Commission in so far as they relate to any claim for redress, dispute or complaint determined by the Employment Appeals Tribunal under an employment enactment before that day.(b) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Labour Court in so far as they relate to appeals determined by the Employment Appeals Tribunal under an employment enactment before that day.(2) (a) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (a) of subsection (1) shall be construed as references to the Commission.(b) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (b) of subsection (1) shall be construed as references to the Labour Court.”.
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Seanad amendments Nos. 94 to 96, inclusive, are related and will be discussed together.
Seanad amendment No. 94:Section 68: In page 51, to delete lines 11 to 15 and substitute the following subsection:“(1) Every chose-in-action vested in the Labour Court by virtue of subsection (1) may, on and from the dissolution day, be sued on, recovered or enforced by the Labour Court in its own name, and it shall not be necessary for the Labour Court, or the Employment Appeals Tribunal, to give notice to any person bound by the chose-inaction of the vesting effected by that subsection.”.
Seanad amendment No. 97:Section 71: In page 52, lines 13 to 21, to delete all words from and including “(1) Anything” in line 13 down to and including line 21 and substitute the following:“(1) Anything commenced and not completed before the dissolution day by or under the authority of the Employment Appeals Tribunal may—(a) in so far as it relates to a function transferred to the Commission by section 67, be carried on or completed on or after the dissolution day by the Commission, and (b) in so far as it relates to a function transferred to the Labour Court by that section, be carried on or completed on or after the dissolution day by the Labour Court.(2) (a) Every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function transferred by section 67 to the Commission, shall, if and in so far as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made by the Commission.(b) Every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function transferred by section 67 to the Labour Court, shall, if and in so far as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made by the Labour Court.”.
Seanad amendment No. 98:Section 75: In page 53, to delete lines 32 to 38 and in page 54, to delete line 1 and substitute the following: “Amendment of section 21 of Act of 1946 75.Section 21 of the Act of 1946 is amended—(a) in subsection (1), by—(i) the substitution of “The Court may, for the purposes of any proceedings before it under this Act, the Unfair Dismissals Act 1977 or Part 4 of the Workplace Relations Act 2015, or any investigation under the Industrial Relations (Amendment) Act 2001, do all or any of the following things” for “The Court may for the purposes of any proceedings before it under this Act or any investigation under the Industrial Relations (Amendment) Act 2001 do all or any of the following things”, and (ii) the substitution of the following paragraph for paragraph (b):“(b) take evidence on oath and, for that purpose, cause to be administered oaths to persons attending as witnesses before it,”,and(b) by the insertion of the following subsection:“(4) A document purporting to be signed by the chairman or the registrar of the Labour Court stating that—(a) a person named in the document was, by summons under subsection (1), required to attend before the Labour Court on a day and at a time and place specified in the document, and (b) a sitting of the Labour Court was held on that day and at that time and place, shall, in proceedings for an offence under this section, be evidence of the matters so stated unless the contrary is shown.”.”.
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Seanad amendments Nos. 99 to 104, inclusive, are related and will be discussed together.
11:00 am
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Amendment No. 106 is consequential on amendment No. 107 and, therefore, amendments Nos. 106 and 107 may be discussed together by agreement.
Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source
These amendments are intended to allow the Minister to make a temporary appointment to the office of deputy chairman of the Labour Court to fulfil a temporary vacancy that may arise in circumstances in that office. Such a vacancy may occur, for example, where an incumbent deputy chairperson is unable to perform his or her duties for a period, or dies or is removed from office. This is a provision to allow hearings to continue while the Public Appointments Service, PAS, convenes in accordance with the procedure for appointment. It will to allow covering for a stop-gap requirement of that nature.
Seanad amendment No. 107 : Section 80: In page 58, between lines 33 and 34, to insert the following:"(1C) Where a person—(a) appointed under subsection (1) to be a deputy chairman, (b) who continues to be a deputy chairman by virtue of subsection (1A), or (c) reappointed in accordance with subsection (1B) to be a deputy chairman, is, for whatever reason, unable to perform his functions as deputy chairman and the Minister is of the opinion that his inability to so perform his functions would unduly disrupt the performance by the Court or a division of the Court of its functions, a temporary vacancy among the deputy chairmen shall be deemed to exist and the Minister may, after consultation with the chairman, appoint a person to fill that temporary vacancy subject to such terms and conditions as the Minister shall determine.(1D) If a deputy chairman dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, or a deputy chairman’s term of office expires and he is not reappointed under subsection (1B), the Minister may appoint a person to be a deputy chairman to fill the vacancy so occasioned pending the appointment of a deputy chairman to fill that vacancy in accordance with subsection (1), and the person so appointed shall hold office subject to such terms and conditions as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.",".
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Amendment Nos. 109 to 113, inclusive, and amendments Nos. 117 to 120, inclusive, are related and may be discussed together by agreement.
Seanad amendment No. 109: Section 81: In page 59, between lines 20 and 21, to insert the following:"(b) by the substitution, in paragraph (d) of subsection (2A) of section 2, of "the adjudication officer or the Labour Court" for "the rights commissioner, the Tribunal or the Circuit Court", (c) by the substitution, in subsection (5) of section 2A of "the adjudication officer or the Labour Court" for "the rights commissioner, the Tribunal or the Circuit Court", (d) by the substitution, in subsection (2A) of section 5, of "the adjudication officer or the Labour Court" for "the rights commissioner, the Tribunal or the Circuit Court", (e) by the substitution, in subsection (7) of section 6, of "the adjudication officer or the Labour Court" for "the rights commissioner, the Tribunal or the Circuit Court",".
Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source
Amendment No. 109 amends the Unfair Dismissals Act. These amendments are largely technical and drafting in nature. The amendments are necessary to ensure that the complaints and redress procedures which will apply to complaints brought under the Unfair Dismissals Act are as analogous as possible with the complaints and redress scheme provided for in Part 4 of the Bill.
Seanad amendment No. 111: Section 81:In page 59, to delete lines 29 to 33 and substitute the following:“ “(1) (a) A claim by an employee against an employer for redress under this Act for unfair dismissal may be referred by the employee to the Director General and, where such a claim is so referred the Director General shall, subject to section 39 of the Act of 2015, refer the claim to an adjudication officer for adjudication by the adjudication officer.(b)Section 39 of the Act of 2015 shall apply to a claim for redress referred to the Director General under paragraph (a) as it applies to a complaint presented or dispute referred to the Director General under section 42 of that Act, subject to the modification that references, in the said section 39, to a complaint or dispute shall be construed as references to a claim so referred.",".
Seanad amendment No. 112: Section 81: In page 60, to delete lines 13 to 20 and substitute the following:"(v) the substitution, in subsection (2), of—(I) "the Director General” for “a rights commissioner or the Tribunal, as the case may be", and (II) "the Director General” for “the rights commissioner or the Tribunal," in each place that it occurs,(vi) the deletion, in subsection (2), of ", as the case may be," in each place that it occurs,".
Seanad amendment No. 118: Section 81: In page 61, to delete lines 1 and 2 and substitute the following:"(xii) by the substitution, in subsection (12), of "the adjudication officer or the Labour Court, as may be appropriate" for "the rights commissioner, the Tribunal or the Circuit Court, as the case may be",".
Seanad amendment No. 120 : Section 81: In page 62, between lines 18 and 19, to insert the following:"(g) the substitution of the following section for section 11:"11. (1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:(a) by delivering it to the person; (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; or (d) by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or notices or documents of a class to which the notice or document belongs) being served on, or given to, him or her in that manner. (2) For the purpose of this section, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.”, and (h) the substitution, in subsection (2) of section 15, of—(i) "decision has been made by an adjudication officer" for "recommendation has been made by a rights commissioner", and (ii) the deletion of “or the hearing of a claim by the Tribunal has commenced".".
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Amendment No. 121 to 124, inclusive, are related and may be discussed together by agreement.
Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source
These amendments are purely drafting and technical in nature and do not result in any substantive change in the Bill.
Seanad amendment No. 122 : Section 82:In page 63, to delete lines 1 and 2 and substitute the following:"(e) in paragraph (c) of subsection (2), by—(i) the substitution of ", (xxxi) or (xxxii)" for "or (xxxi)", and (ii) the substitution of the following subparagraph for subparagraph (i): "(i) the decision or recommendation, as appropriate, of the rights commissioner, or the decision of the adjudication officer under Part 4 of the Act of 2015,",and".
Seanad amendment No. 125: Section 83: In page 64, to delete lines 26 and 27 and substitute the following:"(a) the deletion, in section 65, of the definition of "the Director" (inserted by section 24 of the Social Welfare (Miscellaneous Provisions) Act 2003), (b) the substitution of "Director General of the Workplace Relations Commission" for "Director" in each place that it occurs, and".
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Amendments Nos. 127, 128 and 136 to 139, inclusive, are related and may be discussed together by agreement.
Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source
These amendments are of a technical and drafting nature and further refine the changes that have to be made to the Employment Equality Act 1998 in light of the establishment of the Workplace Relations Commission and the transfer of functions of the director of the Equality Tribunal to the director general of the commission.
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Amendments Nos. 131, 133, 146 and 147 are related and may be discussed together by agreement.
Seanad amendment No. 137: Section 84:In page 66, after line 42, to insert the following:"(m) in section 101, by—(i) the insertion, in paragraph (a), of ", or" after "begun", (ii) the substitution of the following paragraph for paragraph (b) of subsection (4):"(b) an adjudication officer has made a decision to which subsection (1) (inserted by paragraph (c) of subsection (1) of section 81 of the Act of 2015) of section 8 of the Act of 1977 applies in respect of the dismissal.", and(iii) the insertion of the following subsection:"(4A) (a) Where an employee refers—(i) a complaint under section 77, and (ii) a claim for redress under the Act of 1977, to the Director General of the Workplace Relations Commission in respect of a dismissal, then, from the relevant date, the said complaint shall be deemed to have been withdrawn unless, before the relevant date, the employee withdraws the claim under the Act of 1977.(b) In this subsection—'Act of 1977' means the Unfair Dismissals Act 1977; 'dismissal' has the same meaning as it has in the Act of 1977; 'relevant date' means such date— (i) as may be prescribed, or (ii) as may be determined in accordance with regulations made by the Minister.",".
Seanad amendment No. 140: Section 84:In page 67, between lines 9 and 10, to insert the following:"(2) The amendment of the Act of 1998 effected by this section shall not apply in relation to a case referred to the Director of the Equality Tribunal under section 77 of that Act before the commencement of this section.".
Seanad amendment No. 148: Section 85:In page 69, between lines 9 and 10, to insert the following:“(2) The amendment of the Act of 2000 effected by this section shall not apply in relation to a case referred to the Director of the Equality Tribunal under section 21 of that Act before the commencement of this section.".
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Amendments Nos. 149 and 150 are consequential on amendment No. 151 and therefore amendments Nos. 149 to 151, inclusive, will be discussed together.
Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source
Section 87 makes provision for an amendment to the Organisation of Working Time Act 1997 to bring it into line with rulings of the Court of Justice of the EU in the Schultz-Hof line of cases regarding how time spent on sick leave should be treated for the purposes of the accrual of annual leave. It will allow workers who are on long-term sick leave to accrue and retain annual leave for up to 15 months from the end of the year in which it accrued, thus, bringing the Organisation of Working Time Act into line with rulings of the Court of Justice of the EU. It is considered that the 15-month period strikes the right balance between respecting the entitlements of employees while minimising the costs to the Exchequer and to employers of bringing our legislation into line with EU law. These amendments will provide that an employee who leaves the employment and who accrued annual leave entitlements in accordance with the Schultz-Hof ruling will be entitled to payment in lieu of the untaken annual leave calculated on the same basis as if the employee had returned to work on the date of leaving the employment.
Seanad amendment No. 151:Section 87: In page 70, between lines 6 and 7, to insert the following:“(c) in section 23, by the substitution of the following subsection for subsection (1):“(1) (a) Where—(i) an employee ceases to be employed, and (ii) the whole or any portion of the annual leave in respect of the relevant period remains to be granted to the employee, the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave.(b) In this subsection— ‘relevant period’ means—(i) in relation to a cessation of employment of an employee to whom subparagraph (i) of paragraph (c) of subsection (1) of section 20 applies, the current leave year, (ii) in relation to a cessation of employment of an employee to whom subparagraph (ii) of the said paragraph (c) applies, that occurs during the first 6 months of the current leave year— (I) the current leave year, and (II) the leave year immediately preceding the current leave year, (iii) in relation to a cessation of employment of an employee to whom subparagraph (iii) of the said paragraph (c) applies, that occurs during the first 12 months of the period of 15 months referred to in the said subparagraph (iii)— (I) the current leave year, and (II) the leave year immediately preceding the current leave year,
or (iv) in relation to a cessation of employment of an employee to whom subparagraph (iii) of the said paragraph (c) applies that occurs during the final 3 months of the period of 15 months referred to in the said subparagraph (iii)— (I) the current leave year, and (II) the 2 leave years immediately preceding the current leave year.”.”.
11:10 am
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Amendments Nos. 153 to 157, inclusive, are related and will be discussed together.
Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source
Again, these are technical and drafting in nature. They clarify further the list of enactments, parts of enactments and statutory instruments that are included in the definition of employment enactments for the purpose of this Bill.
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Amendments Nos. 158 to 162, inclusive, are related and will be discussed together.
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Amendments Nos. 163 to 165, inclusive, are related and will be discussed together.
Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source
These are amendments to schedule 4 to re-order the list of Acts referred to in the schedule in chronological order for ease of use and make minor corrections to the sections of the Organisation of Working Time Act, 1977 and the Unfair Dismissals Act, 1977, non-compliance with which may be a subject of a compliance notice issued by an inspector.
Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source
Amendments Nos. 166 to 171, inclusive, are related and will be discussed together.
Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source
Schedule 5 of the Bill sets out details of the individual employment enactments, specified provisions of enactments and statutory instruments under which a person will be able to present a complaint or refer a dispute to the director general of the WRC. Amendments Nos. 166 to 171 are of a technical and drafting nature and are necessary to ensure that all of the enactments, specified provisions of enactments and statutory instruments under which a complaint or dispute can be referred to the WRC in accordance with the provisions of section 42 are accurately reflected in the schedule.
Seanad amendment No. 172:Schedule 6: In page 82, after line 33, to insert the following:“SCHEDULE 6Sections 42and 45Relevant Redress Provisions Part 1 Decisions of Adjudication Officers Acts of Oireachtas1.Section 45A of the Industrial Relations Act 1946 2.Section 12 of the Minimum Notice and Terms of Employment Act 1973 3.Section 11A of the Protection of Employment Act 1977 4.Section 6 of the Payment of Wages Act 1991 5.Section 7(2) of the Terms of Employment (Information) Act 1994 6.Section 32(1) of the Maternity Protection Act 1994 7.Section 33(1) of the Adoptive Leave Act 1995 8.Section 18 of the Protection of Young Persons (Employment) Act 1996 9.Section 17A of the Transnational Information and Consultation of Employees Act 1996 10.Section 27(3) of the Organisation of Working Time Act 1997 11.Section 21(1) of the Parental Leave Act 1998 12.Section 4(5) of the Protections for Persons Reporting Child Abuse Act 1998 13.Section 26 of the National Minimum Wage Act 2000 14.Section 21(1) of the Carer’s Leave Act 2001 15.Paragraph 1(3) of Schedule 1 to the Prevention of Corruption (Amendment) Act 2001 16.Section 16 of the Protection of Employees (Part-Time Work) Act 2001 17.Paragraph 5 of Schedule 3 to the Competition Act 2002 18.Section 14 of the Protection of Employees (Fixed-Term Work) Act 2003 19.Section 9(5) of the Industrial Relations (Miscellaneous Provisions) Act 2004 20.Section 55M(6) of the Health Act 2004 21.Section 28 of the Safety, Health and Welfare at Work Act 2005 22.Paragraph 1 of Schedule 3 to the Employees (Provision of Information and Consultation) Act 2006 23.Paragraph 1 of Schedule 2 to the Employment Permits Act 2006 24.Paragraph 2 of Schedule 6 to the Consumer Protection Act 2007 25.Section 26(5) of the Chemicals Act 2008 26.Section 62(5) of the Charities Act 2009 27.Paragraph 1 of Schedule 2 to the National Asset Management Agency Act 2009 28.Paragraph 1 of Schedule 4 to the Inland Fisheries Act 2010 29.Paragraph 1 of Schedule 2 to the Criminal Justice Act 2011 30.Paragraph 1 of Schedule 4 to the Property Services (Regulation) Act 2011 31.Paragraph 1 of Schedule 2 to the Protection of Employees (Temporary Agency Work) Act 2012 32.Paragraph 1 of the Schedule to the Further Education and Training Act 2013 33.Paragraph 1 of Schedule 5 to the Central Bank (Supervision and Enforcement) Act 2013 34.Paragraph 1 of Schedule 2 to the Protected Disclosures Act 2014Statutory Instruments1.Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) 2.Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 (S.I. No. 507 of 2006) 3.Paragraph 2 of Schedule 2 to the European Communities (European Public Limited – Liability Company) (Employee Involvement) Regulations 2006 (S.I. No. 623 of 2006) 4.Paragraph 2 of Schedule 2 to the European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 (S.I. No. 259 of 2007) 5.Paragraph 1 of Schedule 4 to the European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007 (S.I. No. 285 of 2007) 6.Paragraph 2 of Schedule 2 to the European Communities (Cross-Border Mergers) Regulations 2008 (S.I. No. 157 of 2008) 7.Regulation 8 of the European Communities (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations 2009 (S.I. No. 377 of 2009) 8.Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 (S.I. No. 36 of 2012)Part 2 Decisions of Labour Court Acts of Oireachtas1.Section 45B of the Industrial Relations Act 1946 2.Section 12A of the Minimum Notice and Terms of Employment Act 1973 3.Section 11B of the Protection of Employment Act 1977 4.Section 7 of the Payment of Wages Act 1991 5.Section 8 of the Terms of Employment (Information) Act 1994 6.Section 32(2) of the Maternity Protection Act 1994 7.Section 33(2) of the Adoptive Leave Act 1995 8.Section 19 of the Protection of Young Persons (Employment) Act 1996 9.Section 17B of the Transnational Information and Consultation of Employees Act 1996 10.Section 28 of the Organisation of Working Time Act 1997 11.Section 21(1) of the Parental Leave Act 1998 12.Section 4(6) of the Protections for Persons Reporting Child Abuse Act 1998 13.Section 29 of the National Minimum Wage Act 2000 14.Section 21(2) of the Carer’s Leave Act 2001 15.Paragraph 2(1) of Schedule 1 to the Prevention of Corruption (Amendment) Act 2001 16.Section 17 of the Protection of Employees (Part-Time Work) Act 2001 17.Paragraph 6A of Schedule 3 to the Competition Act 2002 18.Section 15 of the Protection of Employees (Fixed-Term Work) Act 2003 19.Section 10 of the Industrial Relations (Miscellaneous Provisions) Act 2004 20.Section 55M(11) of the Health Act 2004 21.Section 29 of the Safety, Health and Welfare at Work Act 2005 22.Paragraph 2 of Schedule 3 to the Employees (Provision of Information and Consultation) Act 2006 23.Paragraph 2 of Schedule 2 to the Employment Permits Act 2006 24.Paragraph 3A of Schedule 6 to the Consumer Protection Act 2007 25.Section 26(6A) of the Chemicals Act 2008 26.Section 62(8A) of the Charities Act 2009 27.Paragraph 2 of Schedule 2 to the National Asset Management Agency Act 2009 28.Paragraph 2 of Schedule 4 to the Inland Fisheries Act 2010 29.Paragraph 2 of Schedule 2 to the Criminal Justice Act 2011 30.Paragraph 2 of Schedule 4 to the Property Services (Regulation) Act 2011 31.Paragraph 2 of Schedule 2 to the Protection of Employees (Temporary Agency Work) Act 2012 32.Paragraph 2 of the Schedule to the Further Education and Training Act 2013 33.Paragraph 2 of Schedule 5 to the Central Bank (Supervision and Enforcement) Act 2013 34.Paragraph 2 of Schedule 2 to the Protected Disclosures Act 2014Statutory Instruments1.Regulation 11 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) 2.Regulation 16 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 (S.I. No. 507 of 2006) 3.Paragraph 3 of Schedule 2 to the European Communities (European Public Limited – Liability Company) (Employee Involvement) Regulations 2006 (S.I. No. 623 of 2006) 4.Paragraph 3 of Schedule 2 to the European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 (S.I. No. 259 of 2007) 5.Paragraph 2 of Schedule 4 to the European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007 (S.I. No. 285 of 2007) 6.Paragraph 3 of Schedule 2 to the European Communities (Cross-Border Mergers) Regulations 2008 (S.I. No. 157 of 2008) 7.Regulation 9 of the European Communities (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations 2009 (S.I. No. 377 of 2009) 8.Regulation 19 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 (S.I. No. 36 of 2012)”.
Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source
Schedule 6 sets out the consequential amendments that it will be necessary to make to other employment enactments and statutory instruments as a result of the new structures for the adjudication of complaints and disputes that will be introduced by this Bill. Amendments Nos. 173 to 237, inclusive, to schedule 6 are of a technical and drafting nature and are necessary and appropriate to ensure consistency of language and style in the Statute Book.
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.
Seanad amendment No. 205: Schedule 6: In page 110, to delete lines 37 to 46 and in page 111, to delete lines 4 and 5 and substitute the following: “(iv) the substitution, in clause (b) of subparagraph (8), of “a complaint to the Director General of the Workplace Relations Commission under section 42of the Workplace Relations Act 2015in respect of a contravention” for “a complaint to a rights commissioner under paragraph 1(1) in respect of a dismissal”.”.
Seanad amendment No. 206: Schedule 6: In page 111, to delete lines 25 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 2 years’ remuneration in respect of the employee’s employment.”.”.
Seanad amendment No. 208: Schedule 6: In page 112, to delete lines 43 to 45 and page 113, to delete lines 4 to 34 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 No. 209: Schedule 6: In page 114, to delete lines 21 to 28 and substitute the following: “(d) 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 2 years’ remuneration in respect of the employee’s employment.”.”.
Seanad amendment No. 211: Schedule 6: In page 118, to delete lines 26 to 40 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 2 years’ remuneration in respect of the employee’s employment.”,”.
Seanad amendment No. 215: Schedule 6: In page 121, to delete lines 20 to 40 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 No. 217: Schedule 6: In page 125, to delete lines 11 to 31 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 No. 218: Schedule 6: In page 125, to delete lines 35 to 46 and substitute the following: ““(8A) 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) by the deletion of subsection (4), (6), (7) and (8).”.
Seanad amendment No. 219: Schedule 6: In page 129, to delete lines 18 to 38 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 2 years’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”.”.
Seanad amendment No. 221: Schedule 6: In page 130, to delete lines 26 to 45, to delete page 131 and in page 132, to delete lines 4 to 36 and substitute the following: “30.No. 40 of 2011Property Services (Regulation) Act 2011Schedule 4 is amended—(a) in paragraph 1, by—(i) the substitution of the following subparagraph for subparagraph (1):“(1) In proceedings under Part 4of the Workplace Relations Act 2015in respect of a complaint of a contravention of section 67(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.”,(ii) the substitution of the following subparagraph for subparagraph (3):“(3) A decision of an adjudication officer under section 42of the Workplace Relations Act 2015in relation to a complaint of a contravention of section 67(5) shall do one or more of the following, namely—(a) declare that the complaint was or, as the case may be, was not well founded,(b) require the employer to take a specified course of action, which may include, in a case where the penalisation constitutes a dismissal, reinstatement or reengagement, or(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.”,(b) by the substitution of the following paragraph for paragraph 2:“2. 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 paragraph 1(3), shall affirm, vary or set aside the decision of the adjudication officer.”,and(c) in paragraph 3, by—(i) the substitution, in subparagraph (7), of “Part 4of the Workplace Relations Act 2015” for “this Schedule before a rights commissioner or the Labour Court”,(ii) the substitution, in clause (a) of subparagraph (8), of “an adjudication officer under section 42of the Workplace Relations Act 2015” for “a rights commissioner under paragraph 1(1)”, and(iii) the substitution, in clause (b) of subparagraph (8), of “an adjudication officer under section 42of the Workplace Relations Act 2015” for “a rights commissioner under paragraph 1(1)”.”.
Seanad amendment No. 222: Schedule 6: In page 133, to delete lines 29 to 46 and substitute the following: “(c) require the employer or hirer, as the case may be, to pay to the employee or agency 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 employee’s or agency worker’s employment.”,”.
Seanad amendment No. 224: Schedule 6: In page 139, to delete lines 18 to 29 and substitute the following: “1. S.I. No. 231 of 2000European Communities (Parental Leave) Regulations 2000The following Regulation is substituted for Regulation 8:“8. An adjudication officer within the meaning of the Workplace Relations Act 2015or the Labour Court may, if the adjudication officer or the Labour Court, as the case may be, considers it reasonable to do so, having regard to the illness or other incapacity of an employee entitled to parental leave by virtue of Regulation 3 or any other circumstance, direct that the leave be taken at a time other than a time that accords with Regulation 4.”.”.
Seanad amendment No. 225: Schedule 6: In page 139, to delete lines 30 to 45 and substitute the following: “2.S.I. No. 131 of 2003European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003The following Regulation is substituted for Regulation 10:“Decision under section 42of Workplace Relations Act 201510. A decision of an adjudication officer under section 42of the Workplace Relations Act 2015in relation to a complaint of a contravention of a provision (other than Regulation 4(4)(a)) of these Regulations shall do one or more of the following, namely—”.
Seanad amendment No. 228: Schedule 6: In page 142, to delete lines 14 to 29 and substitute the following: “(c) require the employer to pay to the crew member 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 crew member’s employment.”.”.
Seanad amendment No. 230: Schedule 6: In page 143, between lines 11 and 12, to insert the following: “4.S.I. No. 623 of 2006European Communities (European Public Limited – Liability Company) (Employee Involvement) Regulations 2006Schedule 2 is a amended by—(a) the substitution of the following paragraph for paragraph 2:“2. A decision of an adjudication officer under section 42of the Workplace Relations Act 2015in relation to a contravention of Regulation 19(1) shall do one or more of the following:(a) declare that the complaint was or, as the case may be, was not well founded;(b) require the relevant undertaking or the SE to take a specified course of action;(c) require the relevant undertaking or the SE to pay to the person referred to in subparagraph (1) compensation of such amount (if any) as is just and equitable having regard to all the circumstances but not exceeding 2 years remuneration in respect of the person's employment.”, and(b) the substitution of the following paragraph for paragraph 3:“3. A decision of the Labour Court under section 45of the Workplace Relations Act 2015on appeal from a decision of an adjudication officer referred to in paragraph 2 shall affirm, vary or set aside the decision of the adjudication officer.”.”.
Seanad amendment No. 231: Schedule 6: In page 145, to delete lines 15 to 30 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 2 years’ remuneration in respect of the employee’s employment.”.”.
Seanad amendment No. 233: Schedule 6: In page 148, to delete lines 5 to 13 and substitute the following: “(c) require the employer to pay to the mobile worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all the circumstances, but not exceeding 2 years’ remuneration in respect of the mobile worker’s employment.”.”.
Seanad amendment No. 235: Schedule 6: In page 148, to delete lines 33 to 45 and substitute the following: “8. S.I. No. 36 of 2012European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012The following Regulation is substituted for Regulation 18: “Decision of adjudication officer under section 42of Workplace Relations Act 201518. A decision of an adjudication officer under section 42of the Workplace Relations Act 2015in relation to a complaint of a contravention of Regulation 5, 8, 9, 10, 11 or 12 shall do one or more of the following, namely—”.
Seanad amendment No. 236: Schedule 6: In page 149, to delete lines 8 to 19 and substitute the following: “(c) require the employer to pay the mobile 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 104 weeks’ remuneration in respect of the mobile worker’s employment (calculated in accordance with requirements under section 17 of the Unfair Dismissals Act 1977).”.”.
11:30 am
Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source
I thank the many people in my office and in the Office of the Attorney General for their patience and perseverance. I thank Deputy Tóibín and many other Members of the House. When we looked at this area of amendment we saw a system that unfortunately had considerable duplication, complexity and delays, and we undertook to reform it. Little did we know how complex it would be legislatively to amend 24 primary Acts, 34 specified Parts of Acts and numerous other statutory instruments. I am absolutely convinced that this has been a really worthwhile project. It will make employment law easier to understand, promote compliance, offer more timely redress and will make enforcement more effective.
I thank all those who have been involved in this project. The practical work behind the legislative scene has continued. Much of the work has been done, involving huge change in work practices by the people involved and it is a great example of public service reform delivering improved service for clients and users. I am glad to say that 19 adjudication officers have now been appointed and will supplement the work. I am delighted with some of the innovations that have come in, such as early-resolution mediation, that will make it easier for people to find resolution to difficult problems.
I commend the Bill and hope the work we have done here will provide what we set out to do which is to have a world-class system for dealing with complaints, disputes and difficulties in the workplace. I again thank the Deputies for their support.
Peadar Tóibín (Meath West, Sinn Fein)
Link to this: Individually | In context | Oireachtas source
Gabhaim mo mhíle buíochas don fhoireann as ucht an méid oibre atá déanta acu ar an mBille seo agus gabhaim mo chomhghairdeas don Aire. Bhí an seanchóras ró-chasta agus ró-dheacair do ghnáthoibrithe na tíre. Ba cheart slí níos éasca agus níos dírí a bheith ar fáil dóibh chun a gcuid cearta a bhaint amach. Táim fós buartha faoin sprioc a bhí lárnach sa Bhille seo. Airgead a shábháil ab ea an sprioc sin. Ba cheart go mbeadh cearta na n-oibrithe mar phríomhsprioc ag an Rialtas maidir le gach aon Bhille dá leithéid seo. Tá súil agam go ndéanfaidh an Rialtas gach píosa oibre atá fós le déanamh chun go mbeidh na cearta sin lárnach sa chóras.