Results 5,441-5,460 of 5,763 for speaker:Gerard Craughwell

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: I agree with my colleague. I fully understand where the Minister is coming from. Mediation requires commitment and honesty on both sides but there is no difficulty in having the officer running the case use his or her discretion to request both sides to begin exchanging documentation. That would not demean or work against the mediation process. It is no different from a High Court judge...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: We are not trying to provide for compulsion but to leave the discretion to the mediation officer to request the parties to cut the messing, exchange documents and see where they are. I understand from where the Minister is coming. On the one hand, it in a way argues against mediation but on the other hand, it gives that discretionary power to the mediator. That is why I support the...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: The word "may" is there.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: I may come back on Report Stage with that slightly amended to take out the word "direct".

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: As Senator Norris has stated, the reference to trade union representation should be retained. Our concern in bringing forward the proposal was the awareness that migrant workers, in particular, might not necessarily have such representation. With Senator Norris's permission, I will withdraw amendment No. 71 and resubmit it on Report Stage in a new format which refers both to a trade union...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: Again, I am concerned that the same provision is not being made available for mediation as for cases before adjudication officers and the Labour Court. Some mediation solutions are extremely complex and to expect a person to be present without representation is wrong in every way.Unless I misheard the Minister, I do not detect any provision for representation in mediation and if that is the...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: There are two types of mediation. One type is one-to-one honest brokerage which takes place between two people, but the Irish Congress of Trade Unions talks about mediated solutions which apply right across an industry or a particular employer. Congress is very anxious that we cover mediation in the provisions for representation. I have read the Minister's amendments and reserve the right...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: An adjudication officer and the Labour Court make a finding of right or wrong in the case of a particular complaint. In the case of mediation we are talking about two parties sitting down and negotiating. We have to have a section on the rights to representation in mediation.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: I am talking about proceedings prior to a case coming before an adjudication officer.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: Congress has requested that we insert a section in this part of the Bill which deals with mediation.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: I support Senator Norris. We have all seen cases in which last minute documents suddenly appear and change the entire course of a case. It is not reasonable in any industrial relations case. It is a perfectly reasonable amendment and I cannot see why the Minister does not accept it.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: I wish to speak on the section. The dismissal of a claim by an adjudication officer is part of the section. Section 43 provides that "An adjudication officer may, at any time, dismiss a complaint or dispute referred to him or her under section 42 if he or she is of the opinion that it is frivolous or vexatious." The exclusion has never applied to complaints referred under the Industrial...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: I will go back and consult with congress on this and may bring back an amendment on Report Stage. The Minister will understand that. I thank him for his answer.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: Senator Norris is adverting to something we have seen happen in cases before a Rights Commissioner where he or she finds in favour of the worker but the remedy offered does not comply fully with ability of the law to provide for compensation. In such a case, the worker and his or her representative must appeal the matter to the Labour Court which can take a long time. We are seeking to...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: Our Rights Commissioner Service does an excellent job. I refer to rare cases but where a rare case occurs, we may save somebody having to wait a considerable time for a full sitting of the Labour Court. I would not like the Minister to think that the Rights Commissioner Service fails in its duties. My experience is that it does a wonderful job.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: On rare occasions, somebody who is not qualified will represent a complainant and the case could drag on and suddenly the complainant could be confronted with the case about to fall. A 30-day notice period is a perfectly reasonable request and I ask the Minister to accept the amendment.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: I represented workers for a number of years and it was not uncommon for them to think I slept with their cases 24-7 just because they did. However, there have been cases where a solicitor passed away and left a plethora of work behind. Nobody was sure where anything was. If complainants are advised that they have 30 days to pursue their cases, at least they can go back to their...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: I concur with everything Senator Norris said. If it is an administrative practice, turning it into a statutory practice is merely the stroke of a pen and will not change anything or add additional work. It makes perfect sense. Accidents happen and people get lost as a result.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: I rise to support Senator Cullinane's amendment. Having worked as a trade union representative at local and national levels for more than 15 years, two factors never cease to amaze me. First, middle line management who are not employers but represent them can take it as a personal attack when an employee takes a case. There are serious examples of victimisation in the public and private...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

Gerard Craughwell: I call for the complete removal of section 72 because it provides a legal basis for the introduction of fees for lodging complaints. This is unacceptable. The experience of trade union colleagues in the United Kingdom is that fees have priced justice out of the hands of workers. The introduction of fees has played a role in removing workers' rights and research has shown this measure alone...