Results 19,521-19,540 of 32,583 for speaker:Richard Bruton

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

Richard Bruton: The workplace relations commission will only adjudicate on claims for breach or complaint. The protection against victimisation is at the core of the aforementioned Acts. The commission will adjudicate on cases or on appeal but the parent Acts offer protection against victimisation in each case. That is the legislative basis on which the Labour Court will consider the merit of individual cases.

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

Richard Bruton: The Bill makes adequate provision for an increase in the staffing of the Labour Court and for temporary appointments to the court to cover certain absences of a full-time officer or member. There is no case to support the creation of a panel of temporary members. The Labour Court is bound to act judicially at all times and to avoid bias or the perception thereof. When the new appointments...

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

Richard Bruton: Currently there are three but there will be four.

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

Richard Bruton: I just think it is unnecessary in view of what is already there at (a) and (b).

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

Richard Bruton: The Deputy's proposed amendment is inappropriate as it would have the effect of 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 court of local and limited jurisdiction under the Constitution. It would also be inconsistent with the scheme of the Unfair...

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

Richard Bruton: The Deputy's proposal that the Labour Court be empowered in the case of a matter which has come before it on appeal from a decision of an adjudication officer to refer that matter back to another adjudication officer to be determined again at the first instance does not appear to take into consideration that on appeal, the Labour Court hears the entire case de novo. In the arrangement...

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

Richard Bruton: The Deputy's proposed amendment would introduce a further and unnecessary administrative burden on the workplace relations commission and the Labour Court in dealing with complaints in respect of which the complainant has failed over an extended period to manifest any intention of prosecuting. The introduction of such an additional administrative layer and the consequent extension of the...

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

Richard Bruton: I accept what the Deputy is saying. The default setting will be in public. He has correctly identified a weakness in the legislation. My intention is that the hearings will be in public and they will only be in private where there is a compelling reason. I accept this needs to be amended and I will do so in the Seanad.

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

Richard Bruton: The Deputy's proposal is inappropriate having regard to the requirement on the commission to publish every decision of an adjudication officer on the Internet. It would be an unnecessary administrative and financial burden on the commissioner to maintain a physical register of decisions in addition to requiring the publication of decisions on the Internet. The current provision is adequate.

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

Richard Bruton: The decisions will be public.

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

Richard Bruton: No, they will be public records.

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

Richard Bruton: The Deputy's proposal is not appropriate. The professional terms of engagement between parties and their professional representatives is primarily a matter of contract. Professional representatives such as lawyers are subject to statutory regulation and/or guidelines issued by their professional associations. Such professionals are also subject to the oversight of those associations in the...

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

Richard Bruton: The Deputy is making an argument for statutory regulation of professional representatives but the legislation deals with the Labour Court adjudicating on cases brought before it. The cases can be brought by individuals, their trade union official or, if they choose, a lawyer but it is not appropriate that the court would seek to introduce regulatory standards in respect of various...

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

Richard Bruton: The proposed amendment is not appropriate. The new workplace relations commission, WRC, will operate to the highest standards and appropriate and comprehensive training will be provided to all officers of the commissioner, including the adjudication officers. The workplace relations adjudication service will consist of a diverse group of adjudicators, comprising experienced industrial...

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

Richard Bruton: The Employment Equality Acts and the Equal Status Act 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 provision of section 41. Section 41 does not apply directly to employment equality and equal status cases. Rather, sections 84...

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

Richard Bruton: In principle, there is some merit in facilitating that where after an adjudication has started and where both agree that the parties return to mediation. We need to do some more work to see if this is possible. I am disposed to do something on this and will look at the possibility of an amendment in the Seanad to accommodate the Deputy's proposal.

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

Richard Bruton: Read together, subsections (5) and (7) of section 42 provide that the standard limitation period for bringing a complaint under employment and equality legislation will be six months from the relevant date, extendible by a further six months by an adjudication officer where the complainant has demonstrated reasonable cause for his or her delay in initiating the complaint. The Deputy's...

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

Richard Bruton: I believe the Deputy is trying to be too prescriptive about the mediation. The truth is that the consent of both parties is always required so, for this to happen, both parties must always consent to the procedure. Our approach is not to be too prescriptive in setting out the procedure because they are protected by the fact that both parties must consent. Because they both must consent,...

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

Richard Bruton: The purpose of mediation is to try to find a resolution without having to go to adjudication. It is set up in a way that the confidentiality of both parties is protected and whatever is said at mediation cannot be used at an adjudication. It is a protected arena in which people come together and try to find a solution without, if one likes, the fear that any documentation they produce can...

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

Richard Bruton: Mediation is an informal and voluntary process. It is better that the Bill remain silent on the question of representation at mediation and leave it to the skill and experience of the mediator to manage the process. Either party may withdraw from the mediation process at any time. We do not want to create a legalistic process or necessarily require joint sessions to be held, or to create...