Results 19,321-19,340 of 32,583 for speaker:Richard Bruton

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: The first thing to point out is that an employer is obliged under the Terms of Employment (Information) Act 1994 to inform an employee of the legal name and address of the employer. This is provided for in law. Turning to the individual amendments, on the first one about ordinary residence, the advice I have received is that it is not appropriate or necessary as the issue of the address at...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: I would not be disposed to reconsider. The legal advice I have is that any determination made on the proposals suggested in the amendment would be unenforceable, so I would be inviting people to participate in a piece of legal machinery which, when they test it in the courts, is likely to prove unenforceable. I would be letting people down if I agreed to an amendment that might have...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: There have been some cases, but they are not large in number as far as I can ascertain. The Senator makes a valid point about the P60. I do not know why that was the case originally, but we are not dealing with legislation pertaining to the Revenue Commissioners here.

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: I may return on Report Stage with further amendments to sections, including section 6. These are purely technical and drafting amendments. Will I read the list of sections? They are sections 6, 7, 11, 13, 17, 21, 27, 28, 30, 31, 39, 41, 42, 45, 51, 53, 68, 71, 77 and 81 to 85, and Schedules 1 to 6, inclusive.

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: Yes, and there may be a requirement to introduce certain provisions in the Bill which provide for transition arrangements arising from the establishment of the new workplace relations structures. The Office of the Parliamentary Counsel is currently reviewing the transitional provisions in sections 8, 53, 54, 57, 81, 84 and 85, and any issues arising will be dealt with by way of amendment on...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: These amendments are related to the transitional arrangements that will apply to certain complaints under the Minimum Notice and Terms of Employment Act 1973 and the Unfair Dismissals Act 1977. Subsections 3 and 4 are amended to ensure that the relevant repeals provided for in Schedule 2 of this Bill will not apply to complaints under the aforementioned legislation referred to in the...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: Amendment No. 23 is necessary to clarify that the definition of an employment enactment for the purpose of section 20 does not include the Employment Equality Act of 1998. This means the Workplace Relations Commission, WRC, will not have responsibility for the preparation of codes of practice under the Employment Equality Acts, as this function would come under the remit of the newly...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: The purpose of codes of practice promulgated by the WRC is to provide general guidance to employers, workers and their representatives in terms of good practice in the workplace. They would be admissible in proceedings before an adjudication officer or the Labour Court. Although they are not enforceable at the direction of the Labour Court or any other body, they would be used as an example...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: There is a power in the Bill to make regulations governing the proceedings before the WRC, the adjudications and the Labour Court. The WRC can make rules on how a case will be handled. The Senators seek to go beyond this and confine representation to counsel and solicitors - people with negotiating licences.

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: We are dealing with codes of practice. The purpose of a code of practice is to guide employers and workers as to what is fair and equitable treatment based on the WRC's experience in dealing with industrial relations situations. The Senators are seeking to make codes of practice, which are about guidance, compelling in some way and to get into the issue of regulating those who would attend...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: We are providing that a lawyer or a public servant with legal qualifications can apply for this position. If we confined this to people who have a minimum of seven years practical experience representing employees or employers in employment cases before the LRC, we would rule out many perfectly qualified applicants. The system will be that the PAS will select people based on suitability and...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: They are practising barristers and solicitors in respect of whom a recommendation has been made. The Senator is trying to reduce the field from which we would select. I do not see the justification for that. Let the dog see the hare and let the best dog win.

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: Section 25(4) does not contain exhaustive definitions of the terms "practising barrister" or "practising solicitor". It merely clarifies that certain persons are deemed to come within those groupings in addition to those persons included in any plain English interpretation of the words. It has been a long-standing practice in this State when drafting statutory criteria for legal, including...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: Then why bother with the amendment if it does not rule anyone out?

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: Not at all. I am using what the Senator would call Occam's razor. One does not start putting stuff into legislation that is unnecessary.

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: I would say a lot more. I am inclined to joust on the same grounds as the Senator very feebly.

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: I do not think it is practical to require under section 29 that every employer display in a prominent position information about employees' rights.

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: It could run to a book. NERA provides this information on its website, and the Bill will embody NERA. It is an obligation of the State to ensure people are well-informed. To expect employers to have such a comprehensive amount of information and keep it up to date would be unfair. We have websites to ensure both sides can easily understand their material. The Senator stated this...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: I cannot say I agree. We have obligations for employers, which are set out under terms of the employment information Act.It requires employers to provide each employee with a written statement of the employee's terms of employment and to notify him or her of any change in the particulars given in the statement. An employer cannot provide terms of employment that are in breach of any of the...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: Of course there will be.