Results 4,861-4,880 of 6,478 for speaker:Gerald Nash

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 17:In page 16, between lines 36 and 37, to insert the following:"(4) If a penalisation of a worker, in contravention of subsection (1), constitutes a dismissal of the worker within the meaning of the Unfair Dismissals Acts 1977 to 2015, relief may not be granted to the worker in respect of that penalisation both under Part 4 of the Act of 2015 and under those Acts.".

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I would like to clarify that amendment No. 17 will need to be further amended. As I have already pointed out, I intend to table an additional amendment in this regard on Report Stage.

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 22:In page 19, between lines 26 and 27, to insert the following: "CHAPTER 4 MiscellaneousRecords 21. (1) An employer, to whom a registered employment agreement or sectoral employment order applies, shall keep, at the premises or place where his or her worker works or, if the worker works at 2 or more premises or places, the premises or place from which the activities...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 23:In page 19, between lines 26 and 27, to insert the following: "Decision of adjudication officer under section 41 of the Act of 201522. (1) This section applies to a decision of an adjudication officer under section 41 of the Act of 2015 in relation to a complaint of a contravention of—(a) subsection (1) of section 19, (b) a registered employment agreement...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 24:In page 19, between lines 26 and 27, to insert the following:"Amendment of Act of 201523. (1) The Act of 2015 is amended— (a) in section 3 by the insertion of the following subsection after subsection (5):"(5A) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to Part 2 of the Industrial Relations...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: This goes to the heart of the matter. An important definition of "collective bargaining" is provided for in this section of the Bill. The courts found flaws with the absence of such a definition in the past. This matter is fundamental to this whole discussion. The purpose of Deputy Tóibín's amendment is to remove the reference to the term "voluntary" from the proposed definition...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 26:In page 25, line 18, after "established" to insert ", to the satisfaction of the Court,". Section 26 of the Bill inserts a new section 5(7) into the 2001 Act and provides that, where collective agreements concerning the grade, group or category of worker are not commonplace in similar employments to the employment that is the subject of the trade dispute, the court...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 27:In page 26, line 20, after "established" to insert ", to the satisfaction of the Court,".

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 28:In page 27, to delete line 6 and substitute the following:"Dismissals Act 1977'.(3) An application to the Circuit Court under this section shall be made to the Circuit Court sitting in the circuit in which the employer concerned carries on his or her business.".". Section 30 of the Bill amends the Industrial Relations Act 2001 by the insertion of a new provision...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: The Courts Service will be reasonable and pragmatic.

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: Yes. It is a point worth making. The unfair dismissals claim could be brought to the Circuit Court sitting in the circuit area in which the employer concerned carried on his or her business. I appreciate the Deputy's point. I will consider it further and revert to him. Knowing how the Courts Service works, I understand that it will be practical about the operation of a sitting in a way...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I will consider that.

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 29:In page 5, line 11, after "1977;" to insert "to amend the Workplace Relations Act 2015;".

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I wish to mention a number of amendments on which I intend to reflect and bring forward amendments on Report Stage. It was remiss of me not to do that. At this point I intend to bring forward three amendments: an amendment to the definition of "worker" under section 23 of the Industrial Relations Act 1990 to provide, in particular, access to the Workplace Relations Commission and the Labour...

Seanad: Commencement Matters: Employment Rights (17 Jun 2015)

Gerald Nash: First, my thoughts at this difficult time are with the 134 Clerys workers and their families, and with the 330 staff employed by the concession stores. They have been treated in a cold and callous fashion and simply cast aside by the new owners, with neither the respect nor dignity they deserve after, in many cases, many decades of service. Since the events of last Friday, I have been...

Seanad: Commencement Matters: Employment Rights (17 Jun 2015)

Gerald Nash: The matters raised by Senator Cullinane are of great concern to all right-thinking people. In recent days, a number of representatives of business organisations have contacted me to express disgust at the manner in which the workers at Clerys have been treated and the practice that led to their dismissal. Senator Cullinane raises some important matters which, strictly-speaking, fall within...

Seanad: National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (17 Jun 2015)

Gerald Nash: It is worth reminding the House that the National Minimum Wage Act 2000 provides for the national minimum wage only. It is quite restricted in terms of how it views the minimum wage. That Act sets out provisions for reviewing the minimum wage and the mechanisms available for those purposes. When this Bill is enacted, it will give the commission a duty to assist as many low-paid workers as...

Seanad: National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (17 Jun 2015)

Gerald Nash: Senators will be conscious that the establishment of a Low Pay Commission is just one element in a suite of measures I am in the process of introducing as part of the employment rights and dignity at work agenda and Government efforts to ensure decent, sustainable employment. Section 4 sets out the clear objectives of the national minimum wage, which is designed to assist as many low paid...

Seanad: National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (17 Jun 2015)

Gerald Nash: Senator White can be reassured that I addressed the Clerys issue in response to a Commencement matter tabled by Senator Cullinane this morning. Section 5 of the Bill sets out a very comprehensive and demanding set of factors that the commission must take into account in any year in coming to a recommendation on the appropriate rate of the national minimum wage. These reflect those contained...

Seanad: National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (17 Jun 2015)

Gerald Nash: I will do my best to address the concerns expressed by Senator Zappone. The Low Pay Commission, almost by definition because of the sheer number and proportion of women existing on the national minimum wage, will have a particular focus in its work on how the minimum wage and low pay in general affect women. It is also worth noting that there is nothing in the Bill excluding the Low Pay...