Willie O'Dea (Limerick East, Fianna Fail)

With respect to amendment No. 12, there has been discussion on this issue during the preparation of the legislation. The effect of the amendment would be to remove jurisdiction for discriminatory dismissals from the Labour Court. In view of the discussions which took place, the conclusion was that the redress structure provided for in section 77 of the Employment Equality Act, places such jurisdiction with the Labour Court for a very good reason, which is that the Labour Court has extensive statutory powers and long experience of unfair dismissal cases. In terms of equality legislation, this jurisdiction dates back to the Anti-Discrimination (Pay) Act 1974 and the Employment Equality Act 1977. It is accepted by both sides in social partnership that the Labour Court remains the proper forum for resolution of cases of alleged unfair dismissals. It would also be irrational to make ad hoc adjustments to the respective jurisdictions of the equality tribunal and the Labour Court in the absence of a comprehensive review of the employment rights redress system as a whole. The Senator will be interested to learn that the Department of Enterprise, Trade and Employment is chairing a review group on this issue and is expected to report to Government later this year.