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National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 49: In page 9, line 25, to delete “or” where it secondly occurs.

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 50: In page 9, to delete lines 26 to 29 and substitute the following:“(e) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, (f) is a person to whom a declaration under section 150 of the Companies Act 1990 applies, or (g) is...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I thank Deputy Tóibín for the proposed amendment. The proposal is to introduce in a new section 7 of the Bill anti-victimisation provisions for workers who make statements to the Low Pay Commission or who give evidence to the commission via a representative organisation. I recognise and respect the Deputy's intention in terms of tabling the amendment, but there is already a number...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 28:In page 7, to delete lines 21 and 22.

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 29:In page 7, to delete lines 23 to 27.

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 31:In page 7, after line 27, to insert the following: “PART 3 WORKPLACE RELATIONSDefinition 11.In this Part—“Act of 2015” means the Workplace Relations Act 2015; “Minister” means the Minister for Jobs, Enterprise and Innovation.”.

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 32:In page 7, after line 27, to insert the following:“Amendment of Industrial Relations Act 1946 12.(1) The Industrial Relations Act 1946 is amended by the insertion, in section 21, of the following subsection:“(5) A document purporting to be signed by the chairman or the registrar of the Court stating that—(a) a person named in the document was, by...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 33:In page 7, after line 27, to insert the following:“Amendment of Redundancy Payments Act 1967 13.(1) The Redundancy Payments Act 1967 is amended by the insertion of the following section:“Appeal to Labour Court from decision of adjudication officer 39A.Section 44 of the Act of 2015 shall apply to a decision of an adjudication officer given in relation to...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 34:In page 7, after line 27, to insert the following: “Amendment of Unfair Dismissals Act 1977 14. (1) Section 8 of the Unfair Dismissals Act 1977 is amended—(a) by the substitution of the following subsection for subsection (1):“(1) (a) A claim by an employee against an employer for redress under this Act for unfair dismissal may be referred by the...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 35:In page 7, after line 27, to insert the following: “Amendment of Protection of Employees (Employers’ Insolvency) Act 1984 15.(1) The Protection of Employees (Employers’ Insolvency) Act 1984 is amended by the insertion of the following section:“Appeal to Labour Court from declaration of adjudication officer under section 9 9A.Section 44 of...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 36:In page 7, after line 27, to insert the following:“Amendment of Terms of Employment (Information) Act 1994 16.(1) The Terms of Employment (Information) Act 1994 is amended—(a) in section 6A (inserted by section 18(d) of the Industrial Relations (Amendment) Act 2012), by the substitution of the following subsection for subsection (2):“(2) In this...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 37:In page 7, after line 27, to insert the following:“Amendment of Employment Equality Act 1998 17.(1) The Employment Equality Act 1998 is amended—(a) by the substitution of the following section for section 83:“83.Section 44 of the Act of 2015 shall apply to a decision of the Director General of the Workplace Relations Commission under section 79 as...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 38:In page 7, after line 27, to insert the following: “Amendment of Equal Status Act 2000 18.(1) The Equal Status Act 2000 is amended by the substitution of the following section for section 31:“31.Section 43 of the Act of 2015 shall apply to a decision under section 25 as it applies to a decision of an adjudication officer under section 41 of that Act,...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 39:In page 7, after line 27, to insert the following:"Amendment of Freedom of Information Act 2014 19.(1) Part 1 of Schedule 1 to the Freedom of Information Act 2014 is amended by the substitution of the following subparagraph for subparagraph (k):“(k) the Workplace Relations Commission— (i) insofar as it relates to records concerning the provision of...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 40:In page 7, after line 27, to insert the following:“Amendment of Workplace Relations Act 2015 20.(1) The Act of 2015 is amended—(a) in subsection (2) of section 1, by the substitution of “sections 8(7), 57(3) and 66(3)” for “subsection (7) of section 8”, (b) in section 2, by the insertion of the following definitions:“...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 41:In page 7, after line 27, to insert the following: “Transfer of property of Director of Equality Tribunal to Workplace Relations Commission 21.(1) On the commencement of sections 83 and 84 of the Act of 2015 all property, including choses-in-action, that immediately before such commencement, was vested in the Director of the Equality Tribunal shall stand...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 42:In page 7, after line 27, to insert the following:“Transfer of rights and liabilities of Director of Equality Tribunal to Workplace Relations Commission 22.(1) All rights and liabilities of the Director of the Equality Tribunal subsisting immediately before the commencement of sections 83 and 84 of the Act of 2015 and arising by virtue of any contract or...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 43:In page 7, after line 27, to insert the following:“Liability for loss occurring before commencement of sections 83 and 84 of Act of 2015 23. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the commencement of sections 83 and 84 of the Act of 2015 of any of the functions of the...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I move amendment No. 44:In page 7, after line 27, to insert the following: “Provisions consequent upon transfer of property, rights and liabilities to Workplace Relations Commission 24.(1) Anything commenced and not completed before the commencement of sections 83 and 84 of the Act of 2015 by or under the authority of the Director of the Equality Tribunal may, on or after the...

National Minimum Wage (Low Pay Commission) Bill 2015: Report and Final Stages (9 Jul 2015)

Gerald Nash: I recognise where the Deputies are coming from and the spirit in which they propose the amendments. I am satisfied that we have a very strong balance on the Low Pay Commission. All of the members applied through the Public Appointments Service which is a system that works very well. I am satisfied that those who have an understanding of the interests of employers can reflect very well the...

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