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Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 31:In page 39, between lines 21 and 22, to insert the following:“(iii) in relation to the disposal of goods and provision of services and the disposal of premises and provision of accommodation as set out in the Act of 2000,”.

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 32: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.”.This is a simple amendment providing that where the claimant and respondent agree, the adjudication officer may revert the dispute for mediation by a mediation...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 33:In page 39, line 26, to delete “6 months” and substitute “2 years”.This amendment proposes to delete the words "6 months" and substitute "2 years". We seek to extend the length of time for which a complaint can be submitted, from the date of contravention. This would allow the legislation capture more of these circumstances. Where there...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 20:In page 33, line 15, to delete “42 days” and substitute “28 days”.

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 21:In page 33, line 19, to delete “42 days” and substitute “28 days”.

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 22:In page 35, line 5, after “dispute” to insert “, but only by teleconference in exceptional circumstances and when agreed to by the complainant”.Again, this is a very simple amendment. We feel the Bill can provide too much latitude with regard to the procedure to be adopted in the mediation, and some of this is that people can actually use...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 23: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...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 25:In page 36, between lines 17 and 18, to insert the following:“(3) A complainant may, in proceedings before a mediation officer in respect of a complaint presented, or dispute reverted by an adjudication officer, by the complainant under this Part, be accompanied and represented by⁠—(a) a trade union official within the meaning of section 11 of the...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 26:In page 36, to delete lines 36 to 38 and substitute the following:"(6) The terms of a resolution consequent upon a mediation conference under this section shall be binding on the parties and if either party contravenes any such term, in whole or in part, to the terms of the resolution then on an application for enforcement the District Court may make an order directing...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: Go raibh maith agat. On the basis that the Minister has committed to trying to resolve the problem at the centre of the amendment, I will withdraw the amendment.

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 28: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.”.The Equality Rights Alliance has raised a...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: Very slowly.

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I seek to press the amendment.

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 15:In page 30, line 35, after “offence” to insert “and for the purpose of the performance of the Commissions functions”.There are concerns that this Bill will restrict the use the Workplace Relations Commission, WRC, can make of information to the purpose only of detection, investigation or prosecution of an offence. Organisations like ICTU,...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 16:In page 31, line 4, after “contract” to insert “(and the sub-contracting chain)”.As the Minister should be aware at this stage, many aspects of the construction industry in this State are broken. There is wholescale migration from direct employment towards RCTs, in an effort by construction companies to gain a competitive advantage with...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I thank the Minister for proposing to do that on Seanad Stage. The logic is very clear. The rights of a worker on a site who is employed by a subcontractor rather than the principal contractor should not be any different from someone employed by a principal contractor. If we do not do that, we are saying that employing a sub-contractor, and thereby diffusing responsibility, gives the...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 17: In page 33, line 9, to delete “42 days” and substitute “28 days”.This amendment has already been discussed with amendment No. 12.

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: I move amendment No. 18: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”.The maximum penalty should be at least €4,000. Revenue applies a...

Workplace Relations Bill 2014: Report Stage (Resumed) and Final Stage (21 Jan 2015)

Peadar Tóibín: The purpose of this amendment is to pierce the corporate veil. There is a major difficulty in society whereby companies are created to defend moneys or individuals in their responsibilities to employees. For example, I know of local authorities that have tendering processes for waste disposal services whereby one company applies for the contract, that is, the company with the assets, while...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Operations and Functions: Office of Government Procurement (21 Jan 2015)

Peadar Tóibín: Go raibh maith agat. With regard to the collation of information, Mr. Quinn has stated that he is not collating information from capital projects now. Is it his intention to collate this information in the future? If not, will it be the case that the Departments will collate the information because there is an information deficit? The second question concerns a report on the review of...

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