Results 1,661-1,680 of 6,431 for speaker:Gerald Nash

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: Clearly, the issue of access to the Pensions Authority under section 54 by retired workers, deferred members and so on is new. It is a very positive development and I am confident it will deliver a fair and equitable outcome. I am not aware of cases that have been brought to the attention of the Pensions Authority at this point. I was happy to support the Tánaiste's view that this was...

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: The law requires that pension funds are managed and that trustees operate in such a way that decisions are made in the best interests of equitable outcomes for everyone involved in the scheme. It is not about increasing profits and the trustees of pension schemes do not operate on that basis. They operate on the basis of the interests of the current and future members of the scheme. It is...

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: Amendment No. 7 seeks to require the Labour Court to attempt to get the consent of both parties to a registered employment agreement, REA, before the court makes an order providing for its variation. It is important to set out in some detail the precise provisions in section 8 which provide for the procedures to be followed for a variation of a REA. In circumstances where all parties to the...

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: Section 12 provides for a definition of “remuneration” for the purposes of a Labour Court recommendation with regard to the terms of a sectorial employment order, SEO. The definition is based on the definition of “remuneration” included in the Protection of Employees (Temporary Agency Work) Act 2012. The definition includes basic pay and a list of other elements...

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: One of the purposes of reintroducing sectoral employment orders is to ensure fair and competitive but decent rates of pay in sectors of our economy which, many would argue, are entitled to higher rates of pay reflecting the skills and experience of the workers. It will be fundamental to the work of the Labour Court and the parties to consider all of these points. This is reflected in the...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: Amendment No. 10 seeks to include a prohibition on blacklisting of a worker in the anti-victimisation provisions in section 19 for workers covered by a sectoral employment order, SEO. We can all agree that blacklisting of persons, for whatever reason, is an abhorrent practice, particularly regarding people exercising their rights regarding their remuneration or terms of employment. If there...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: No.

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 12:In page 17, line 4, to delete “under Part 4 of the Act of 2015” and substitute “under section 22”.Section 19 of the Bill provides for anti-penalisation measures to protect a worker who invokes any right conferred on him or her by the Act or takes other specified actions under the Act. An amendment introduced on Committee Stage provided...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: Amendment No. 13 from Deputy Tóibín seeks to provide a role for trade union officials in the enforcement of registered employment agreements, registered employment orders - which are more correctly entitled sectoral employment orders - and employment regulation orders. The amendment would also provide for the Minister making regulations providing for a right of access to trade...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: I thank the Deputies for their contributions and accept their bona fides on this issue. We all want to see effective enforcement and high levels of compliance with the law. Like the Revenue Commissioners, the Health and Safety Authority and other State agencies, NERA takes what might be described as a risk-based approach to its inspections and investigations. There are particular sectors...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 17:In page 21, to delete lines 3 to 9 and substitute the following:“(b) in section 41—(i) by the insertion of the following subsection after subsection (3):“(3A) An employer or a trade union representative of an employer affected by an agreement specified in paragraph 29 of Part 1 of Schedule 5 may present a complaint to the Director General that an...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 19:In page 30, after line 23, to insert the following:“PART 4 MISCELLANEOUS AMENDMENTSAmendment of section 3 of Act of 1946 39. Section 3 of the Act of 1946 is amended in the definition of “trade dispute” by the insertion of “and includes any such dispute or difference between employers and workers where the employment has ceased,”...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 20:In page 30, after line 23, to insert the following:“Making of establishment orders 40. The Act of 1946 is amended by the substitution of the following section for section 39:“39. (1) Where the Court has held, in pursuance of section 38 of this Act, an inquiry into an application for an establishment order, the Court may, subject to section 37 of this...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 21:In page 30, after line 23, to insert the following:“Amendment of section 40 of Act of 1946 41. Section 40 of the Act of 1946 is amended by the substitution of “may make a recommendation to the Minister to abolish the joint labour committee established by such establishment order or amend such establishment order, and the provisions of section 38 and...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 22:In page 30, after line 23, to insert the following:“Amendment of section 1 of Industrial Relations Act 1976 42. Section 1 of the Industrial Relations Act 1976 is amended by the substitution of the following definition for the definition of “agriculture”:“ ‘agriculture’ means—(a) the production of animals (other than...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 23:In page 30, after line 23, to insert the following:“Amendment of section 23 of Act of 1990 43. The Act of 1990 is amended in subsection (1) of section 23—(a) by the insertion of “(or, where the employment has ceased, worked under)” after “has entered into or works under”, and (b) by the insertion of the following paragraph...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 24:In page 30, after line 23, to insert the following:“Time limit in relation to trade dispute where retired worker is party to dispute44.The Act of 1990 is amended by the insertion of the following section after section 26:"26A.(1)Notwithstanding any other provision of this or any other enactment, but subject to subsection (2), an adjudication officer or the Court...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 25:In page 30, after line 23, to insert the following:"Amendment of Agricultural Workers Joint Labour Committee Establishment Order 197645.The Agricultural Workers Joint Labour Committee Establishment Order 1976 (S.I. No. 198 of 1976) is amended by the substitution of—"AND WHEREAS by the said section 1 (amended by section 42of the Industrial Relations (Amendment)...

Written Answers — Department of Jobs, Enterprise and Innovation: EU Directives (30 Jun 2015)

Gerald Nash: An employee’s entitlement to annual leave is set out in section 19 of the Organisation of Working Time Act 1997. Section 19 transposed Article 7 of the original EU Working Time Directive (93/104/EC) – now consolidated by Directive 2003/88/EC. Article 7(2) of the Directive provides that the statutory minimum period of paid annual leave may not be replaced by an allowance in...

Written Answers — Department of Jobs, Enterprise and Innovation: EU Directives (30 Jun 2015)

Gerald Nash: Based on the information available to me, it would appear that the employer of the workers concerned did not change as a result of the transactions at issue and the contracts of those workers remained in place. Redundancy pay and the other statutory entitlements of staff are being calculated by reference to the continuous nature of their employment by the same legal entity that is now the...