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Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: The standard period in most of the existing employment enactments within which a complaint can be referred to one of the workforce relations bodies is six months, which can be extended to 12 months where either reasonable cause or exceptional circumstances are demonstrated, depending on the individual enactment. The Workplace Relations Bill seeks to standardise these time periods across the...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: I move amendment No. 29: In page 36, line 31, to delete “Adoptive Leave Act 1995” and substitute “Act of 1995”.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: I move amendment No. 31: In page 37, line 4, to delete “Maternity Protection Act 1994” and substitute “Act of 1994”.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: I move amendment No. 36: In page 38, to delete lines 5 and 6 and substitute the following:“(10) The Commission shall publish on the internet in such form and in such manner as it considers appropriate every decision (other than information that would identify the parties in relation to whom the decision was made) of an adjudication officer under this section.”.At first instance,...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: We are looking at that and plan to bring in an amendment, I hope in the Seanad. There is an issue there but obviously one cannot get double compensation for the same case.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: A later amendment will do exactly that, namely, bring them under the same rubric. They are slightly different in the way they work but they will be under the same provision.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: Section 37 is no longer required as the amendment to section 36 removes the director general's power to appoint a separate cohort of case resolution officers. Sections 36 to 39, inclusive, of the Bill, as published, provided separately for the appointment of case resolution officers and mediation officers by the director general to ensure that parties to complaints referred to the director...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: I move amendment No. 20: In page 33, between lines 7 and 8, to insert the following: "Case resolution without reference to adjudication officer 39. (1) (a) Subject to paragraph (b), the Director General may, where he or she is of the opinion that the complaint or dispute is capable of being resolved without being referred to an adjudication officer under section 41, refer the complaint for...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: We will examine that in the intervening period.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: We did not submit it but section 40 is to be deleted for the same reason. It duplicates the new section 39.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: It was an omission on our part but the text is identical to the new one and refers to case resolution without reference to an adjudication officer.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: I am sorry.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: I move amendment No.14: In page 26, line 29, to delete "or deputy chairman" and substitute "or a deputy chairman".This amendment simply involves a grammatical correction.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: We will assess the merits of the Deputy's proposal when we see his amendment. It may be a matter that can be dealt with under the terms of the contract rather than having to be placed in the Bill. When the Deputy submits his proposal, I will have it assessed.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: The offences in respect of which a fixed charge notice may issue, as set out in subsection (5), are relatively minor. The three "relevant offences" are those under section 11 of the Protection of Employment Act 1977 which relates to the requirement for an employer to consult employees' representatives and the Minister on collective redundancies; section 4(4) of the Payment of Wages Act 1991...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: We have already doubled the proposed fine. The original charge was €1,000, as per the heads of the Bill.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: I will consider the matter before Report Stage. It is a question of proportionality as between the penalty and the offence. If it is a more serious offence, one goes with the full weight of a prosecution, whereas this subsection is dealing with offences where a summary approach is appropriate. We will re-examine the issue.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: The concern on our side is that if we are going to allow for the imposition of that level of fine on a party, it might be necessary to move to a more formal procedure. I will consult on the matter between now and Report Stage to see what the judgment is on it.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: I move amendment No. 19: In page 30, after line 39, to insert the following:"Prosecution of offence under relevant enactments 36. (1) The power vested in the Minister under any relevant enactment to bring and prosecute summary proceedings for an offence under that enactment is transferred to the Commission. (2) References in any enactment or instrument under an enactment to the Minister in so...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: On holiday pay, if a company goes down, we provide a safety net through the insolvency fund. It is provided where companies fail. I know that there is another issue where companies do not go into liquidation and remain, if ones likes, unliquidated-----

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