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Seanad: Commencement Matters: Tax Reliefs Application (26 Feb 2015)

Kathryn Reilly: I thank the Minister of State for his response. He has cleared up much of the confusion and it will be heartily welcomed by my constituents.

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

Kathryn Reilly: I move amendment No. 48: In page 28, after line 37, to insert the following:"Liability of a company officer or officers for a breach of employment law 29.Where a breach of employment law is committed by a body corporate or by a company officer or officers acting on behalf of a body corporate and is determined to have been so committed, with the consent, connivance or approval of, or to have...

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

Kathryn Reilly: I thank the Minister for his reply. I will not push the matter at this point, but I reserve the right to resubmit the amendment on Report Stage.

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

Kathryn Reilly: I move amendment No. 50: In page 30, line 35, after "offence" to insert "and for the purpose of the performance of the Commissions functions". The purpose of the amendment is to deal with particulars of one particular dispute by taking into account the subcontracting chains now prevalent in public procurement capital projects. In effect, we are seeking to extend liability beyond the...

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

Kathryn Reilly: In fact, my previous contribution was meant to address amendment No. 52. I am not moving that amendment.

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

Kathryn Reilly: I move amendment No. 53: In page 33, line 9, to delete "42 days" and substitute "28 days".

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

Kathryn Reilly: I move amendment No. 54: In page 33, line 11, to delete "€2,000" and substitute the following:"€4,000, save and except in the case of failing to pay the national minimum wage under section 23 of the National Minimum Wage Act 2000 a sum not exceeding €20,000 per employee".The maximum penalty should be €4,000. Revenue applies a figure of €4,000 for similar...

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

Kathryn Reilly: I move amendment No. 56: In page 33, line 15, to delete "42 days" and substitute "28 days".

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

Kathryn Reilly: I move amendment No. 57: In page 33, line 19, to delete "42 days" and substitute "28 days".

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

Kathryn Reilly: I move amendment No. 62: In page 35, line 5, after "dispute" to insert ", but only by teleconference in exceptional circumstances and when agreed to by the compliant".The amendment arises out of concerns that the Bill may provide too much latitude in the procedure to be adopted for mediation which may result in pursuance through teleconference. This should only take place in exceptional...

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

Kathryn Reilly: I move amendment No. 63: In page 36, between lines 2 and 3, to insert the following:"(9) Where the provision of subsection (5)applies the case resolution officer may direct either or both parties to produce such documents, statements or particulars to the other party as the case resolution officer shall determine to include but not limited to an outline of any evidence, witness or documents...

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

Kathryn Reilly: In view of what has been said, I will not press the amendment at this point but will perhaps resubmit it on Report Stage.

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

Kathryn Reilly: I move amendment No. 65: In page 36, between lines 17 and 18, to insert the following: “(3) A complainant may, in proceedings before a mediation officer in respect of a complaint presented, or dispute reverted by an adjudication officer, by the complainant under this Part, be accompanied and represented by - (a) a trade union official within the meaning of section 11 of the Act of...

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

Kathryn Reilly: I move amendment No. 66: In page 36, to delete lines 36 to 38, and substitute the following:“(6) The terms of a resolution consequent upon a mediation conference under this section shall be binding on the parties and if either party contravenes any such term, in whole or in part, to the terms of the resolution then on an application for enforcement the District Court may make an order...

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

Kathryn Reilly: In light of what the Minister said, it is not being pressed.

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

Kathryn Reilly: I move amendment No. 68: In page 37, between lines 32 and 33, to insert the following: “(c) Any person appointed as an adjudication officer immediately after the commencement of this Part will be required to be adequately trained in the area of equality legislation, in addition to all relevant industrial relations and employment law.”.The Equality Rights Alliance has raised a...

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

Kathryn Reilly: Amendment No. 72 seeks to ensure agency workers are afforded the same representation rights as regular employees.

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

Kathryn Reilly: I move amendment No. 72: In page 38, line 37, after “member,” to insert the following: “or a practising barrister or practising barrister or solicitor, or in the case of a complainant who is less than 18 years of age, the complainant’s parent or guardian”.

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

Kathryn Reilly: I move amendment No. 75: In page 39, between lines 15 and 16, to insert the following:“(iv) make a decision that a separate hearing for an employment equality case is required, in addition to a general employment rights decision,”.In terms of amendment No. 75, the Equality Rights Alliance has warned that not all employment cases before the commission will fall neatly into an...

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

Kathryn Reilly: I move amendment No. 77: In page 39, between lines 23 and 24, to insert the following:“(5) Where the claimant and respondent agree the adjudication officer may revert the dispute for mediation by a mediation officer.”.This amendment provides flexibility in the system, where both parties agree to have the case reverted to mediation.

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