Results 7,761-7,780 of 20,831 for speaker:David Norris

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

David Norris: It is not that we want the case heard from the beginning because it would be a rehearsal of everything that has been agreed if the facts of the case are agreed, but the issue relates to where an error made has been made and has been detected in the application of the law and having it speedily sent back to be corrected.

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

David Norris: I move amendment No. 102: In page 46, line 2, after "out" to insert "having given the party a period of 30 days to pursue the complaint". This concerns a situation where nothing has moved over a period of a year and the case, as I understand it, is going to be struck out. At the point of the hearing, having adverted the complainants to the inaction in pursuance of their complaints, they...

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

David Norris: I am talking about unusual circumstances and Senator Craughwell has referred to a situation where somebody who is not qualified is pursuing the complaint or appeal. There could also be foolish solicitors or barristers. Cases have often been neglected to the disadvantage of complainants who believe they are being properly pursued and then discover to their horror one day that they are not....

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

David Norris: That is helpful on the part of the Minister and I am grateful to him for that additional information that we have managed to tease out.The Minister says it is an administrative practice rather than a legislative requirement. We feel it is appropriate to make a requirement. Even if the Minister made the existing practice a requirement, to provide 21 days notice before it expires, this would...

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

David Norris: I accept that the Minister will speak to those concerned. I am sorry that he is not in a very positive frame of mind towards it. Why should it not be in law if it is administrative practice? It is not adding anything extra if it is already being done. It is not an additional fuss and simply copperfastens it in a case where a letter is overlooked.

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

David Norris: The Minister is being fanciful. I will withdraw it in the hopes of a conversion of the Minister.

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

David Norris: This legislation provides mechanisms for employees to make justifiable complaints against employers, but that purpose is frustrated if the employer can victimise or penalise the complainant. We know from a perusal of unfair dismissal cases that people are frequently dismissed unfairly because of making complaints. It is a matter of record. The Minister could argue that there is law on...

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

David Norris: I am in receipt of communication from a gentleman who is a solicitor and whose wife is a barrister. They operate in this area. A case with which his wife is dealing concerns an employee who has been dismissed from his job on grounds of ill-health. He brought a claim for unfair dismissal to the Employment Appeals Tribunal. Arising out of issues concerning his ill-health, the employee also...

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

David Norris: I would be grateful if the Minister could do that. As I understand the Minister's comment, section 82(2) addresses the concerns I have raised by ensuring the Bill will not cause cases to be left in limbo.

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

David Norris: I would be grateful for a note on the matter.

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

David Norris: The introduction of a fee for lodging a complaint will act as a barrier to many low paid workers, of whom a proportion are migrant workers, and will serve as a disincentive to those who are already concerned about the risk of taking a case. A migrant worker who was not paid his or her wages or a person with a disability who was denied access to employment may have no other income or may be...

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

David Norris: The Minister is being disingenuous because he has said here in the House, which has no legal effect, that he will introduce it in only one case. If this is the situation, why did he not frame the legislation in such a way that he can introduce it only in one case? He has given himself extremely wide powers. The Bill states: The Minister may, in respect of—(a) such services provided...

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

David Norris: They are very clear on this. I appeal to the Minister to rethink this section and withdraw it or frame it in such a way that it directs his venom at the one little instance. Talk about using a hammer to crack a nut. This is using a nuclear bomb to squash a midget.

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

David Norris: It will not.

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

David Norris: Aha!

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

David Norris: We are not going around in circles but are making a very important point.

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

David Norris: I made the point and Senator Craughwell is supporting it.

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

David Norris: It is all coming out now. Only in the latter stages of this discussion is the veil being rent from the Minister's position. First, he said powerful interests had been lobbying for a wider application of fees. These interests will continue to operate on the Department. The Minister said very firmly on a number of occasions that there is only one case in which he would apply this...

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

David Norris: One cannot have legislation that is hypothetical in the extreme like this. As for the suggestion that something might happen, if something catastrophic occurs, the Minister could then introduce additional emergency legislation. I now am more concerned than ever about this. As I stated at the outset, the Minister is in direct collision with the trade union movement. I do not give a damn...

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

David Norris: Then take them as being unreferred to.