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Written Answers — Employment Rights: Employment Rights (24 Apr 2007)

Tony Killeen: The Carer's Leave Act 2001 (as amended) provides that a person may take leave for up to 104 weeks to care for a person who is deemed by the Department of Social and Family Affairs to be in need of such care. Carer's Leave may be taken in either one continuous period of 104 weeks or by one or more periods, the total duration of which does not amount to more than 104 weeks. The minimum...

Written Answers — Employment Rights: Employment Rights (24 Apr 2007)

Tony Killeen: The Carer's Leave Act 2001 (as amended) provides that a person may take leave for up to 104 weeks to care for a person who is deemed by the Department of Social and Family Affairs to be in need of such care. Carer's Leave may be taken in either one continuous period of 104 weeks or by one or more periods, the total duration of which does not amount to more than 104 weeks. The minimum...

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: The Parliamentary Counsel suggested the existing Title at drafting stage. The main purpose of the Bill is to deal with exceptional collective redundancies. The Protection of Employment Act 1977 covers collective redundancy situations involving specific numbers of workers. However, the Bill makes new provisions, including the establishment of the redundancy panel, and as such is not just...

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: I move amendment No. 2: In page 6, between lines 15 and 16, to insert the following: ""employee representatives" has the same meaning as in section 2(1) of the Protection of Employment Act 1977;". I am advised that this amendment clarifies that the definition as given in the Protection of Employment Act 1977 is the definition that is applicable. This is in line with what was agreed in...

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: I am grateful to Deputy Hogan for moving the amendment. Even though, on balance, it is probably unnecessary, I am disposed to accepting it because it clears up slight confusion about whether the Minister can extend the panel for periods of three years. It seems clear enough, as drafted, but I am disposed to accepting the amendment.

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: Towards 2016 provides that the redundancy panel will be extended by order of the Minister following consultation with both IBEC and ICTU. It was not agreed to extend the consultation process to include the Houses of the Oireachtas or Chambers Ireland and, for that reason, I do not propose to accept the amendment. However, I acknowledge the issue raised by the Deputy, particularly in regard...

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: Deputy Quinn seeks to substitute "not objected to" with "requested" where the Minister seeks to continue with the panel. I am disposed to adhering to Towards 2016, under which it was agreed to extend the duration of the panel where IBEC and ICTU make such a request. We would all prefer if the panel operated successfully and both the employers and trade unions were of the view that it was...

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: The Bill deals with exceptional collective redundancies and requires a definition of same. The proposed amendment contains a definition provided under section 6 of the Protection of Employment Act 1977. I am advised the amendment is, therefore, unnecessary and I do not propose to accept it. It also includes current text from that section and old text which is no longer current and which...

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: I am advised the amendment is legally unnecessary but, similar to amendment No. 4, I am disposed to accepting it because this issue is commonly encountered in legislation.

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: I move amendment No. 12: In page 7, lines 19 to 22, to delete subsection (2) and substitute the following: "(2) For the avoidance of doubt, it is declared that this Part does not apply to— (a) the employment of agency workers for temporary or recurring business needs, or (b) the use of outsourcing, contracting-out or other forms of business restructuring, in circumstances other than those...

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: When the Bill is translated, the Irish title of the redundancy panel will be included. The proposed change to the panel's name would entail significant changes to the Bill and necessitate the production of a new stock copy of the Bill by the Attorney General's office. It is intended to proceed quickly to the Seanad with the Bill as amended by the House, but the acceptance of the amendment...

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: I understand that the Acts will cover it and publications will need to comply with the requirements.

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: We have been advised that it is unlikely that there will be enough work to justify an independent secretariat. For the time being, the Department will provide the secretariat for the panel.

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: The figure was selected in accordance with the three-year term of the body. In the event of the Minister being requested to re-establish the panel, there is a provision for a previous member to serve a further term.

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: It is always difficult to argue the merits of one time span against another, particularly if the difference is relatively short. The term of 30 days in which to deal with these matters is reasonable. If the House gives the message that a longer period is necessary, I would be concerned about the employer or anyone involved being given the opportunity to delay a matter that should be dealt...

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: The Deputies' points are somewhat similar. It is clear that the action taken in the example cited by Deputy Morgan, that of a group of workers not associated with the relevant action, would not impact on the situation. If I understand Deputy Quinn correctly, his amendment tries to introduce a similar additional guarantee, but I am advised that both amendments are unnecessary because it is...

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: Like Deputy Quinn, I was not present when this element was discussed, but Deputies on all sides will remember the discussion during the dispute that gave rise to this legislation and know of the income tax relief difficulties that might arise for employees who become redundant. A safeguard to the benefit of workers would be lost were the provision changed.

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: I move amendment No. 23: In page 12, line 20, after "payment" to insert "by the employer". This is a technical amendment to section 9(3)(a) of the Bill, which provides for a substitute provision for section 7(1)(c) of the Unfair Dismissals Act 1977 relating to enhanced compensation, in which an employee takes a successful unfair dismissals case following the issuing of a Labour Court opinion...

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: Like Members on all sides of the House, I am familiar with the Castlemahon and Comerama cases. While the principles in those cases are somewhat different, I do not doubt that the effect of the cases, as Deputies Quinn, Hogan and Neville have suggested, has been to undermine people's confidence in the redundancy process somewhat. Many people have expressed their disagreement with the process...

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Bill 2007 [Seanad]: Committee and Remaining Stages (26 Apr 2007)

Tony Killeen: I am familiar with the example that was cited by Deputy Neville in the Castlemahon case. Those affected in that instance have a huge sense of injustice. Workers who are affected by restructuring have to face real questions, as Deputy Quinn mentioned. Such cases arise quite frequently. People make decisions on the basis of their family circumstances and their belief in their capacity to...

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