Results 4,681-4,700 of 6,307 for speaker:Gerald Nash

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: Remuneration for what might be more correctly described as "travelling time" can be included in the terms of a sectoral employment order, SEO. Section 12 of the Bill provides for a definition of “remuneration” for the purposes of a Labour Court recommendation for the terms of an SEO. The definition is based on the definition of “remuneration” included in the...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: In dealing with low pay, we should take into account the suite of measures I either have introduced or am preparing to introduce, rather than isolating particular legislation. The question of low pay and decent work should be addressed in its totality. Section 15 of the Bill sets out a comprehensive and challenging set of factors that the Labour Court must take into account when making a...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: In the absence of an SEO system, employers are only obliged to pay the national minimum wage. That is not something anyone would be prepared to stand over. The Bill sets out a robust range of factors to ensure standards are improved in the industries to which SEOs apply and that rates of pay are well in excess of minimum wage. We should also be mindful of the other measures I have...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 11:In page 15, line 13, to delete "The Minister shall" and substitute "Subject to subsection (4), the Minister shall". Amendments Nos. 11 and 12 are linked. The standard provisions dealing with the laying of orders before the Oireachtas have been included in the published Bill but following advice from the Office of the Attorney General, it has been decided that in...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 12:In page 15, to delete lines 26 to 30 and substitute the following:"(4) Where it is proposed to make an order under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House.".

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: Amendment No. 13 seeks to include a prohibition on blacklisting of workers in the anti-victimisation provisions in section 19 if the workers are covered by an SEO. The purpose of amendment No. 14 is to add trade union membership or activity to the activities in respect of which an employer may not penalise a worker to whom an SEO applies. A number of protections have been in place for...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: If action in the area of blacklisting needs to be examined, I think we should be looking at all the relevant legislation in the round. I would guard against addressing the issue of blacklisting in the context of this Bill or indeed in any piecemeal fashion. We will all agree that blacklisting is a disgraceful practice. I discussed this matter with leading officials in the British GMB union...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 15:In page 16, line 27, to delete "Minister" and substitute "Workplace Relations Commission".

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 16:In page 16, line 33, after "proceedings" to insert "under Part 4 of the Act of 2015".

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 17:In page 16, between lines 36 and 37, to insert the following:"(4) If a penalisation of a worker, in contravention of subsection (1), constitutes a dismissal of the worker within the meaning of the Unfair Dismissals Acts 1977 to 2015, relief may not be granted to the worker in respect of that penalisation both under Part 4 of the Act of 2015 and under those Acts.".

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I would like to clarify that amendment No. 17 will need to be further amended. As I have already pointed out, I intend to table an additional amendment in this regard on Report Stage.

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 22:In page 19, between lines 26 and 27, to insert the following: "CHAPTER 4 MiscellaneousRecords 21. (1) An employer, to whom a registered employment agreement or sectoral employment order applies, shall keep, at the premises or place where his or her worker works or, if the worker works at 2 or more premises or places, the premises or place from which the activities...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 23:In page 19, between lines 26 and 27, to insert the following: "Decision of adjudication officer under section 41 of the Act of 201522. (1) This section applies to a decision of an adjudication officer under section 41 of the Act of 2015 in relation to a complaint of a contravention of—(a) subsection (1) of section 19, (b) a registered employment agreement...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 24:In page 19, between lines 26 and 27, to insert the following:"Amendment of Act of 201523. (1) The Act of 2015 is amended— (a) in section 3 by the insertion of the following subsection after subsection (5):"(5A) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to Part 2 of the Industrial Relations...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: This goes to the heart of the matter. An important definition of "collective bargaining" is provided for in this section of the Bill. The courts found flaws with the absence of such a definition in the past. This matter is fundamental to this whole discussion. The purpose of Deputy Tóibín's amendment is to remove the reference to the term "voluntary" from the proposed definition...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 26:In page 25, line 18, after "established" to insert ", to the satisfaction of the Court,". Section 26 of the Bill inserts a new section 5(7) into the 2001 Act and provides that, where collective agreements concerning the grade, group or category of worker are not commonplace in similar employments to the employment that is the subject of the trade dispute, the court...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 27:In page 26, line 20, after "established" to insert ", to the satisfaction of the Court,".

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 28:In page 27, to delete line 6 and substitute the following:"Dismissals Act 1977'.(3) An application to the Circuit Court under this section shall be made to the Circuit Court sitting in the circuit in which the employer concerned carries on his or her business.".". Section 30 of the Bill amends the Industrial Relations Act 2001 by the insertion of a new provision...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: The Courts Service will be reasonable and pragmatic.

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: Yes. It is a point worth making. The unfair dismissals claim could be brought to the Circuit Court sitting in the circuit area in which the employer concerned carried on his or her business. I appreciate the Deputy's point. I will consider it further and revert to him. Knowing how the Courts Service works, I understand that it will be practical about the operation of a sitting in a way...