Results 4,761-4,780 of 12,033 for speaker:Regina Doherty

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I move amendment No. 2: In page 5, after line 27, to insert the following: “Repeals 3. The following are repealed: (a) paragraphs (a), (b), (f) and (g) of section 3(1) of the Act of 1994, and (b) section 16 of the National Minimum Wage Act 2000.”. Section 3(a) repeals the essential terms of the employment listed in section 3(1) of the Terms of the Employment...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I did not rule it out of order, to be clear.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I do not share the Deputy's fears and nor do the Workplace Relations Commission or the practices of the Labour Court. I am mindful that the definition that we use as a State and all the agencies and bodies of the State involved in dispute resolution are quite happy and comfortable with the definition of casual work as it stands and I am loath to fix it. The only thing that I am willing to...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I move amendment No. 4: 4. In page 6, between lines 2 and 3, to insert the following: “PART 2 AMENDMENT OF UNFAIR DISMISSALS ACT 1977 Amendment of Unfair Dismissals Act 1977 4. Section 8 (amended by the Workplace Relations Act 2015) of the Unfair Dismissals Act 1977 is amended, by the insertion of the following subsection after subsection (12): “(13) (a) An adjudication...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I will respond to both amendments together. To require employers to provide a written statement on the core terms before commencement of employment would have implications in a number of areas. The Bill seeks to protect the employment relationship between a new employee and the employer. The Bill has been a long time in the making and has been based on co-operation between all parties and...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: The difficulty is that the EU directive is only under negotiation. As the Deputy knows, those negotiations can take years. I cannot speculate on the outcome of that on the basis that I would like this legislation passed within the coming weeks. Obviously if we get a directive-----

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: In that case they are better at speculating than I am because I am not willing to put into legislation what is not directed by the EU. The Deputy knows there are difficulties with regard to directives. We all sit down and move an inch here and an inch there. We are far from issuing a directive within the EU. I am not prepared to take speculation from negotiations that are going on in...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: This is employment rights legislation and is exceptionally important. It has to strike a balance and not impinge on the ability of people to hire employees. It is a long time since anyone in this room was 18 or 19. Many young people apply for a job and are asked to come in and start on Saturday. Five days for the employer to be able to give that person their basic standards and conditions...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: Would the Chairman mind if I made a very brief comment?

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: Yes. The premise of this part of the legislation is to make sure we will have a sledgehammer to hit people over the head if they do not adhere to it. We are giving them a reasonable amount of time - five days - in which to provide the five pieces of information and they are very simple. The sledgehammer will be used. If we were to change that requirement and the number of days from five...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I am letting the committee know that I cannot make it a criminal offence without giving employers a reasonable amount of time and one day is not reasonable.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I want to briefly respond to Deputy Smith to say that the example was used in the ruling out of these amendments was not my example. I did not use it. It is the Ceann Comhairle's example. I have no problem being charged with explanations when they are mine but it was not mine and I would not have used it. I refer to Deputy Penrose's comments. It is not in line with the report from the...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I thank Deputy O'Dea for raising this point. I share his concerns. Correctly classifying work as either employment or self-employment impacts on the benefits people receive and also on their entitlements under legislation relating to employment rights. As the Deputy pointed out, there is also a loss to the Exchequer. I get all of that. The committee will be aware that I launched a...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I move amendment No. 11: In page 7, line 34, after "employee," to insert "or who is reckless as to whether or not false or misleading information is provided,". This amendment inserts additional text into the offence provision of section 10 in order that an employer who deliberatively or recklessly provides misleading information will be guilty of an offence. It emerged during the...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I am adamant that people are entitled to get the five simple pieces of information within five days of commencing employment. The vast majority of people in this country who employ others treat them well and look after them. A small number of people do not do so and this legislation is aimed at them. Five days is a reasonable amount of time within which to give employees the information....

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: Yes, because I must be reasonable. I do not think one day is reasonable. Five days to give the five simple pieces of information that empowers people and enables them to know what they are doing, where they are working and for whom they are working, is reasonable. I do not think one day is reasonable but we can have that discussion on another day.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: We can certainly try to accommodate each other.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I acknowledge what the Deputy is trying to do but the amendment would weaken the provision rather than strengthen it because it will restrict rather than protect an employee. The amendment confines adverse treatment of an employee to actions by the employer and under the Bill, penalisation includes adverse treatment by anybody acting on behalf of an employer. This could exclude agency...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I must point out the penalisation provision in the Bill provides that when an employee makes a complaint, it is presumed until the contrary is proven that the employee concerned has acted reasonably and in good faith in making the complaint because otherwise why would they make it? There is very strong protection for the employee. Then it goes over to being a matter for the employer to...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I did not say that. I stated it was not my argument.