Results 19,061-19,080 of 32,583 for speaker:Richard Bruton
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: This amendment is being introduced to bring clarity to the situation as regards to whom complaints can be made under the Employment of Employees (Temporary Agency Work) Act 2012. The 2012 Act is a unique employment law in that there are three actors involved: the employee who is the agency worker; the employer who is the agency and the hirer which is the entity for which the agency worker...
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: The Employment Equality Acts and the Equal Status Acts will continue to govern the presentation of complaints of discrimination to the WRC and the adjudication officers will have regard to the specific provisions governing such cases in the Equality Acts and not the provisions of section 42. Section 42 does not apply directly to employment equality and equal status cases but rather sections...
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: This is a technical amendment to section 42(4)(b). It reflects the drafter's proposed reconfiguration of the Schedules. Senators Norris and Craughwell queried why trade unions had been singled out for mention in section 42(3)(a) of the Bill. This section 42(3)(a) provides for the presentation of complaints by an agency worker or any trade union of which the agency worker is a member, that...
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: As I indicated on Committee Stage I have afforded further consideration to this issue with a view to addressing the matter by way of amendment, if necessary. I have carefully considered this issue and thoroughly explored the matter with officials in my Department.I am not satisfied that an amendment to this effect is warranted for a number of reasons. The system that will apply following...
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: We have introduced a uniform six-month timeframe within which a complaint must be submitted. This period can be extended by a further six months. The Senator proposes to introduce a longer period, which would not be practicable or workable. This is an issue on which there is a difference of view.
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: The proposed amendment is inappropriate as it would have the effect of the giving the District Court jurisdiction to award uncapped financial compensation in certain cases of unfair dismissal. This would be inconsistent with the status of the District Court as a court of local and limited jurisdiction under the Constitution. It would also be inconsistent with the scheme of the Unfair...
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: Amendments Nos. 63 and 65 are of a technical nature and are intended to ensure certainty regarding the jurisdiction in which District Court proceedings for the enforcement of a decision of an adjudication officer and the Labour Court should be commenced.
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: The Office of Public Works has advised that there is a difficulty with the provisions in this section in respect of their constitutionality. As drafted, the section allows the prosecution to prove all of the ingredients of the offence by way of statements in a document. The prosecution would not be required to call witnesses and, consequently, the defence would not have an opportunity to...
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: Amendments Nos. 69 and 70 are drafting amendments.
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: This amendment is of a drafting nature and provides that the Labour Court, rather than the commission, will be the successor in titled to the Employment Appeals Tribunal following its dissolution.
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: These are of a drafting and technical nature.
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: This amendment to the wording of subsections (1) and (2) of section 71 is intended to provide greater clarity and legal certainty in the transfer of the functions of the Employment Appeals Tribunal, on its dissolution, to the workplace relations commission and the Labour Court, respectively. Subsection (1) clarifies that any statutory act of tribunal which remains incomplete on the date of...
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: I assure Senator Ó Clochartaigh I have no intention of introducing fees. However, I have provided a reserve power here to deal with what I might describe as gaming of the system. The one specific instance that has been brought to my attention is where someone does not go to the hearing of first instance but then seeks to appeal at the later stage. It is appropriate, if an employer...
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: I only wish to say that they are to ensure that the process whereby complaints under the Redundancy Payments Act of 1967 can be referred to an adjudication officer is consistent with the general scheme of Part 4 of the Bill.
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: Amendment No. 85 is a technical amendment.
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: Section 81 amends the Unfair Dismissal Act of 1977. Amendments Nos. 86 and 90 to section 81(1)(c) of the Bill are intended to ensure that the procedure whereby a complaint of unfair dismissal may be referred under the 1977 is as consistent as possible with the general scheme for the referral of complaints as provided for in Part 4 of the Bill.
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: I have nothing to add to that.
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: Under current legislation, a complainant is permitted to refer a complaint of unfair dismissal under the Unfair Dismissals Act and a complaint of discriminatory dismissal under the Employment Equality Act arising from the same facts. However, a person is not permitted to proceed to have both complaints heard. As currently framed, section 101 of the Employment Equality Act provides an...
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: These amendments are of a technical drafting nature and further refine changes that must be made in the Equal Status Act in light of the establishment of the Workplace Relations Commission and the transfer of functions of the director of the Equality Tribunal to the director general of the commission.
- Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)
Richard Bruton: This again is a technical drafting amendment.