Results 22,781-22,800 of 26,766 for speaker:David Cullinane

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 28: In page 24, between lines 33 and 34, to insert the following: “Employer obligation to maintain and produce employment records 26.An employer who does not maintain and produce employment records is liable to a penalty of €4,000, and where that employer is a company, the secretary of that company is liable to a separate penalty of €3,000.”.

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 29: In page 25, between lines 14 and 15, to insert the following:“(5) The Minister may authorise other persons, including designated union officials, to carry out inspections and monitoring of Registered Employment Agreements, Registered Employment Orders and Employment Regulation Orders. (6) The Minister may make regulations providing access, for union...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: However, there are also those who, on occasion, do not treat their employees well. Those individuals or companies do a disservice to their counterparts who are decent and good. Compliance is extremely important. One can have all the legislation in the world but if it this not enforced and if there is not compliance with it, difficulties will arise. The penalties and sanctions for those...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I thank the Minister for his response and I look forward to that Bill coming before the House. We may table those amendments to it if it does not deal with the issues. A voluntarist model of collective bargaining or trade union recognition is always very attractive but the difficulty is that some companies do not accept, or recognise and will not work or engage with trade unions. One such...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 30: In page 25, between lines 14 and 15, to insert the following:“Union entitled to represent members’ interests27. (1) A trade union, at the request of the employee, may represent the employee in relation to the employee’s rights and entitlements under a Registered Employment Agreement, Registered Employment Order or an Employment Regulation Order....

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 31: In page 25, between lines 14 and 15, to insert the following:“Access to workplaces 27. (1) A trade union official is entitled, in accordance with this section to enter a workplace for purposes related to—(a) monitoring compliance with the operation of a Registered Employment Agreement, Registered Employment Order or an Employment Regulation Order, (b)...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 37: In page 28, after line 37, to insert the following: "Liability of a company officer or officers for a breach of employment law 29. Where a breach of employment law is committed by a body corporate or by a company officer or officers acting on behalf of a body corporate and is determined to have been so committed, with the consent, connivance or approval of, or to...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: There seem to be a lot of technical or Government amendments and this is another one of them. Why is that? This is Report Stage and it is not good practice that Oireachtas Members are given such short notice about amendments of this nature. I wonder why there are so many. This seems to be the case with many Bills brought forward by this Department. The matter was raised in a meeting of...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 41: In page 30, line 35, after “offence” to insert “and for the purpose of the performance of the Commission’s functions”.

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 42: In page 33, line 11, to delete “€2,000” and substitute the following:“€4,000, save and except in the case of failing to pay the national minimum wage under section 23 of the National Minimum Wage Act 2000 a sum not exceeding €20,000 per employee”.I will be brief.

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: While the Senator may not agree with the amendment, he can second it anyway. As I will not be pushing it to a vote, it is okay. This amendment pertains to enforcement of the national minimum wage. The question of whether it is increased or decreased will now be an issue for the low pay commission, which is a different story. However, this amendment seeks to increase the minimum fine from...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 43: In page 35, line 5, after “dispute” to insert “, but only by teleconference in exceptional circumstances and when agreed to by the complainant”.

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 47: 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...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 49. In page 37, between lines 32 and 33, to insert the following: “(c) Any person appointed as an adjudication officer immediately after the commencement of this Part will be required to be adequately trained in the area of equality legislation, in addition to all relevant industrial relations and employment law.”.

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: The amendment proposes that any person appointed as an adjudication officer immediately after the commencement of this Part will be required to be adequately trained in the area of equality legislation, in addition to all relevant industrial relations and employment law. The Equality Rights Alliance and the Irish Congress of Trade Unions have expressed their concerns to us and directly to...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 52: 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,”.

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 55: 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.”.

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 56: In page 39, line 26, to delete “6 months” and substitute “2 years”.We discussed the amendment at length on Committee Stage and I intend to press it again at this Stage.

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 61: 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.The purpose of the amendment is to remove the proposed cap on re-engagement and reinstatement which was introduced by the Government on Committee Stage. The Irish Congress of Trade Unions has warned that the...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

David Cullinane: I move amendment No. 71: In page 47, after line 36, to insert the following: “Safeguarding Employees 55. In addition to existing provisions in enactments that 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...