Results 13,321-13,340 of 32,583 for speaker:Richard Bruton

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: The term "frivolous or vexatious" is a legal one and not pejorative in any sense. It is merely a question of saying that as far as the complainant is concerned, if he or she has no reasonable chance of succeeding, the law says it is frivolous to bring the case. Similarly, it is a hardship on defendants to have to take steps to defend something which cannot succeed and the law calls that...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: The Senator's proposed amendment is inappropriate as it would have the effect of giving the District Court jurisdiction to award uncapped financial compensation in certain cases of unfair dismissal. This would be inconsistent with the status of the District Court as a court of local and limited jurisdiction under the Constitution. It would also be inconsistent with the scheme of the Unfair...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: Amendments Nos. 96 and 97 are of a drafting or technical nature and are consequential on amendments made elsewhere in the Bill. Amendments Nos. 96 and 97 delete subsections (7) to (10), inclusive, of section 45 to avoid duplication with section 21 of the 1946 Act, as amended by section 75 of the Bill.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: The Senator proposes that the Labour Court be empowered in the case of a matter which has come before it on appeal from a decision of an adjudication officer to refer that matter back to another adjudication officer to be determined again at first instance. This does not take into consideration the fact that, on appeal, the Labour Court hears the case de novo. The whole case is reheard. In...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: I am not sure I understand what an example of what the Senator seeks to achieve would look like. If a case is appealed by one side or another on the basis of a point of law, it is heard by the Labour Court afresh. The Labour Court will judge the whole case. The Labour Court is not a High Court which interprets law, rather it adjudicates on an actual case. The facts are presented to it and...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: We have no evidence that there are many cases of this nature where a misapplication of the law is clogging up the system. If an inappropriate remedy is made and the case is appealed, they rehear the evidence and decide what is the appropriate remedy. I know of no evidence that the system is being clogged by the type of cases to which the Senator refers. I will consult people in the field...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: We are in agreement and I will check that out to see if there is an issue.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: I am taking further advice on this section. It may be necessary to amend it on Report Stage.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: This would add an unnecessary complication to the system where in practice a notice will be sent in advance of the expiry date. The Senators' amendment would introduce a further unnecessary administrative burden on the workplace relations commission and-or the Labour Court in dealing with complaints in respect of which the complainant has failed over an extended period to manifest any...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: The present practice is a letter is sent by registered post giving 21 days notice to the complainant. It is an administrative practice, not a statutory practice. Before the rights commissioners would exercise this power, they would have to satisfy themselves that the complainant has not pursued the complaint within the period of one year and that is how they do it. It is not dissimilar to...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: I do not have a strong view but the section says it is up to the director general. The legal obligation is on the director general to satisfy himself that the complainant has not pursued the complaint. In law, we are putting a test of reasonableness on the director general before he strikes out the complaint. The way in which he chooses to exercise that test of reasonableness is the one we...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: I could come in with 100 good practices that the office does but it would be unreasonable of me to ask the Labour Court to enshrine it in a set of code that has the force of law. That means that, in six months' time, the office cannot budge from the existing practice if technology changes. The Senator would seek to embed it in primary legislation and then we would be stuck with what...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: 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...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: This is a technical amendment to section 53(2) is being amended to ensure the amendments listed in schedule 6 shall not apply to any complaints or disputes referred under the legislation to be amended by section 53 before the commencement of Part 4 of the Act.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: I agree with Senator Craughwell that there is other legislation on victimisation. Indeed, such provisions are included in all legislation that we enforce in this context. However, I do not agree with him that it should be included in this Bill as well. The parent legislation sets out the penalties.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: A dismissal based on victimisation would, by definition, be an unfair dismissals case. Such action is not permitted by our legislation. Under the organisation of working time provisions, an employer shall not penalise or threaten to penalise an employee "for having in good faith", etc. There is provision for not penalising under health and safety legislation. I could also refer to...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: This is an ineffective amendment, which I do not support for that reason. Our law is not perfect and I am sure our enforcement system is not perfect but we just passed an amendment without any comment from the Senator which introduces a provision that a party directed to pay compensation to a complainant but who fails to do so, except in circumstances where he or she is unable to pay, would...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: As I just stated, an employer shall not penalise or threaten to penalise an employee for having in good faith opposed by lawful means. That provision in employment legislation goes on to state what can be done under that for such activity. The Senator suggested we try to produce a raft of new provisions here. That is not the purpose of this Bill. The Bill is trying to ensure the system...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: The Senator can shout me down if he wants.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Richard Bruton: We are providing legislation that will codify our law in a way that it will be much more effective and much more enforceable. I am not saying this is the last word on employment law. We will shortly introduce legislation to deal with the Low Pay Commission and, as the Senator knows, legislation to deal with collective bargaining. We have already introduced legislation to deal with...