Tony Killeen (Clare, Fianna Fail)

Amendment No. 7 provides that for the avoidance of doubt, the flexibility of the provisions of section 6 of the Unfair Dismissals Act 1977 to the type of dismissals situations described in the new section 5(2)(a)of that Act is not affected by the provisions of this new section. In other words, section 6 continues to apply to circumstances in which all the employees involved in a strike or industrial dispute are dismissed.

Section 6 of the Unfair Dismissals Act 1977 provided that, generally, a dismissal shall be deemed to be unfair unless an employer can prove there were substantial grounds justifying it. The section also outlines certain criteria on which dismissals may be adjudicated as either fair or unfair. In addition, it describes certain dismissal circumstances that are automatically deemed to be unfair. This is covered by amendment No. 7.

Amendment No. 8 clarifies that the specific criteria listed in paragraphs (i) to (iv) of the new section 5(2A) of the Unfair Dismissals Act 1977, on which the fairness or otherwise of dismissals can be adjudicated, apply only to circumstances where all the employees involved in a strike or industrial dispute are dismissed.