Results 12,841-12,860 of 16,369 for speaker:Peadar Tóibín

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 54:In page 63, between lines 16 and 17, to insert the following:“(b) the insertion of the following subsection:“(1A) A person who has applied for payment under section 6 of this Act of a debt or an award and to whom no decision of the Minister has been communicated may 60 days after the application is made present a complaint to the Tribunal that the...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 51:In page 62, between lines 25 and 26, to insert the following:"(2) Section 1(3) of the Act of 1984 is amended by the insertion of the following paragraph:"(e) the employer is deemed to be insolvent in circumstances where he has ceased trading and payments to employees have been determined by the Minister to have de factobeen stopped on a permanent basis for a period of...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: It seems to go way beyond the scope of the Government. We are four years into its term of office yet this is one of the first issues that fell heavily upon the Oireachtas as soon as we walked in the door after the last general election. There was an avalanche of companies going to the wall in this way. Looking at it does not afford protections; only through legislation can we achieve that....

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 48:In page 48, between lines 17 and 18, to insert the following:“Safeguarding employees 58.In addition to existing provisions in enactments to safeguard workers from penalisation and victimisation, an employer or any person acting on behalf of an employer shall not penalise an employee for seeking to exercise or having exercised any entitlement under employment...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: -----in case they get into trouble and lose their jobs. All the legislation in the world will not necessarily resolve the problem of workers being blacklisted or victimised for standing up for their rights. The amendment would provide a safeguard against this type of victimisation. It is important that we make such a statement in the legislation in order to give confidence to workers. The...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: The addition is that employee will have the option of using the workplace relations commission. We need to add that provision to the list of protections outlined by the Minister so that people are not victimised for using the commission.

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 49:In page 52, to delete lines 31 to 36.This section deals with fees. I recognise it is not the Minister's intention to introduce fees but the legislation enables a successor to do so and, therefore, we have to address that possibility. Research carried out in Britain by the Citizens Advice Bureau found that seven out of ten potentially successful cases that employees...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I will not tempt fate. Somebody else could introduce fees under this legislation, thereby preventing people from accessing the system.

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 44:In page 42, lines 31 to 33, to delete all words from and including "but" in line 31 down to and including "1977" in line 33.We are simply seeking to remove the proposed cap on re-engagement and reinstatement introduced by the Government. This provision is a significant step back for equality rights and is in breach of the EU equality directive in Article 18 on...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 30:In page 39, between lines 15 and 16, to insert the following:“(iv) make a decision that a separate hearing for an employment equality case is required, in addition to a general employment rights decision,”.This goes back to the point I made earlier, that not all the cases that will be heard by the commission will fall neatly into the one area. For...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 31:In page 39, between lines 21 and 22, to insert the following:“(iii) in relation to the disposal of goods and provision of services and the disposal of premises and provision of accommodation as set out in the Act of 2000,”.

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 32:In page 39, between lines 23 and 24, to insert the following:“(5) Where the claimant and respondent agree the Adjudication Officer may revert the dispute for mediation by a mediation officer.”.This is a simple amendment providing that where the claimant and respondent agree, the adjudication officer may revert the dispute for mediation by a mediation...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 33:In page 39, line 26, to delete “6 months” and substitute “2 years”.This amendment proposes to delete the words "6 months" and substitute "2 years". We seek to extend the length of time for which a complaint can be submitted, from the date of contravention. This would allow the legislation capture more of these circumstances. Where there...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 20:In page 33, line 15, to delete “42 days” and substitute “28 days”.

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 21:In page 33, line 19, to delete “42 days” and substitute “28 days”.

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 22:In page 35, line 5, after “dispute” to insert “, but only by teleconference in exceptional circumstances and when agreed to by the complainant”.Again, this is a very simple amendment. We feel the Bill can provide too much latitude with regard to the procedure to be adopted in the mediation, and some of this is that people can actually use...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 23:In page 36, between lines 2 and 3, to insert the following:“(9) Where the provision of subsection (5)applies the case resolution officer may direct either or both parties to produce such documents, statements or particulars to the other party as the case resolution officer shall determine to include but not limited to an outline of any evidence, witness or...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 25:In page 36, between lines 17 and 18, to insert the following:“(3) A complainant may, in proceedings before a mediation officer in respect of a complaint presented, or dispute reverted by an adjudication officer, by the complainant under this Part, be accompanied and represented by⁠—(a) a trade union official within the meaning of section 11 of the...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 26:In page 36, to delete lines 36 to 38 and substitute the following:"(6) The terms of a resolution consequent upon a mediation conference under this section shall be binding on the parties and if either party contravenes any such term, in whole or in part, to the terms of the resolution then on an application for enforcement the District Court may make an order directing...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: Go raibh maith agat. On the basis that the Minister has committed to trying to resolve the problem at the centre of the amendment, I will withdraw the amendment.