Results 19,281-19,300 of 32,583 for speaker:Richard Bruton

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

Richard Bruton: This is a necessary deterrent to respondents in employment rights proceedings who fail to pay awards of compensation as directed. The amendment provides that it will be an offence for a party so directed to pay compensation to a complainant but who fails to do so, except in circumstances where that respondent can demonstrate to the court that his or her failure to pay the compensation was...

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

Richard Bruton: This is a technical amendment to section 53(2) is being amended to ensure the amendments listed in schedule 6 shall not apply to any complaints or disputes referred under the legislation to be amended by section 53 before the commencement of Part 4 of the Act.

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

Richard Bruton: I agree with Senator Craughwell that there is other legislation on victimisation. Indeed, such provisions are included in all legislation that we enforce in this context. However, I do not agree with him that it should be included in this Bill as well. The parent legislation sets out the penalties.

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

Richard Bruton: A dismissal based on victimisation would, by definition, be an unfair dismissals case. Such action is not permitted by our legislation. Under the organisation of working time provisions, an employer shall not penalise or threaten to penalise an employee "for having in good faith", etc. There is provision for not penalising under health and safety legislation. I could also refer to...

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

Richard Bruton: This is an ineffective amendment, which I do not support for that reason. Our law is not perfect and I am sure our enforcement system is not perfect but we just passed an amendment without any comment from the Senator which introduces a provision that a party directed to pay compensation to a complainant but who fails to do so, except in circumstances where he or she is unable to pay, would...

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

Richard Bruton: As I just stated, an employer shall not penalise or threaten to penalise an employee for having in good faith opposed by lawful means. That provision in employment legislation goes on to state what can be done under that for such activity. The Senator suggested we try to produce a raft of new provisions here. That is not the purpose of this Bill. The Bill is trying to ensure the system...

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

Richard Bruton: The Senator can shout me down if he wants.

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

Richard Bruton: We are providing legislation that will codify our law in a way that it will be much more effective and much more enforceable. I am not saying this is the last word on employment law. We will shortly introduce legislation to deal with the Low Pay Commission and, as the Senator knows, legislation to deal with collective bargaining. We have already introduced legislation to deal with...

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

Richard Bruton: Amendments Nos. 107 and 108 clarify the range of additional functions which will transfer to the workplace relations commission and the Labour Court on the dissolution of the Employment Appeals Tribunal. The Employment Appeals Tribunal will continue to sit for a period beyond the commencement of this legislation in order to hear all complaints and appeals referred to it before the...

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

Richard Bruton: Subsection (4) currently provides only for the transfer to the Labour Court of records of the Employment Appeals Tribunal relating to proceedings before it under the Unfair Dismissals Act 1997. This subsection is being amended to provide that the tribunal's records in relation to proceedings under all employment legislation within its remit should be transferred to the Labour Court on the...

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

Richard Bruton: Section 82(2) provides that the amendments to the Unfair Dismissals Act 1977 "effected by this section shall not apply in relation to a claim for redress under that Act brought before the commencement of this section." Perhaps I will have a note prepared for the Senators to provide certainty on the matter.

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

Richard Bruton: That is my understanding of the matter. Section 71 also provides that any document operative immediately before the dissolution day will be treated as if it was issued by the Labour Court. That means any undertaking given by the EAT would continue to be an undertaking in the Labour Court.

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

Richard Bruton: I thank the Senators for their contributions to the debate on this provision. The section provides for a reserve power and my intention is to use it in only one circumstance, namely, where an employer fails to attend a hearing at first instance and subsequently appeals the decision to the Labour Court. I do not want to encourage that type of practice when we are providing a simple and clean...

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

Richard Bruton: I am introducing this general provision with the intention of using it only to ensure the system works smoothly in the way it should.

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

Richard Bruton: Despite some interests wanting it, I have no intention of using this to put barriers in the way of workers. I can bring to the Oireachtas committee the regulations on the provision for the fee for those who fail to turn up. I am giving myself a general power because we do not know what other practices might arise that would interfere with people's proper use of the legislation.

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

Richard Bruton: It is a general power. The Senators must take my word that we are not using it to raise funds or stand in the way of any worker pursing his or her justifiable rights. I do not see any reason for putting fees in place to stand in people's way. There were different views on the two sides and, after considering it, I came down on the side that conforms to the views of the trade unions....

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

Richard Bruton: It will be necessary to bring any regulation under this provision before the Houses of the Oireachtas in the usual way. Consequently, there is provision for the Houses to be involved if any such regulation came forward. As I stated, only one will be brought forward and I undertake to consult with the Oireachtas committee in order that people can see what I am bringing forward. However,...

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

Richard Bruton: But it would be necessary to bring forward any power in regulations to the House.

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

Richard Bruton: Because I intend to use this power to bring forward a regulation in the case I have outlined. I will do this because I believe that will improve the operation of the Act. I will bring that regulation before the committee and before I lay it before the Houses and people can decide whether they approve it. However, I believe this is a reasonable approach. The instance I have outlined to the...

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

Richard Bruton: Amendment No. 110 is of a drafting and technical nature. Section 75 amends section 21 of the Industrial Relations Act 1946 to extend the range of proceedings in respect of which the Labour Court may exercise certain functions and powers invested in it by the 1946 Act, as amended.