Seanad debates

Tuesday, 3 November 2009

Industrial Relations (Amendment) Bill 2009: Committee and Remaining Stages

 

2:30 pm

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)

I thank the Senator for tabling this constructive amendment. I am very sympathetic to the suggestion made in it. The amendment, as he outlined, seeks to address the issue whereby retired people do not have access to the industrial relations machinery in circumstances where they did not proffer their claim prior to retirement. This issue arose over 30 years ago. At the time the Labour Court obtained advice from the Attorney General on whether a retired person could have locus standi to make a claim under the Industrial Relations Act 1969. The Attorney General advised that a retired person could not be regarded as a worker for the purposes of the Act. The advice was subsequently confirmed by the Attorney General some years ago in a case involving former Forfás workers. The matter has arisen on a number of subsequent occasions, most recently in two cases before the Labour Court in 2008 involving University College Dublin and two of its retired employees.

I acknowledge that the requirements of good employment practice dictate that retired people should have a facility whereby grievances can be examined on merit. The Department has raised the matter with the Attorney General and is exploring how the proposal can best be facilitated. It is only reasonable, therefore, that there should be some limitation on the access to be provided with regard to a time limit on claims. I am sympathetic to the Senator's suggestion and want to consider further the scope for setting a time limit on the bringing of claims. Therefore, I am not yet in a position to accept the amendment, although I hope to address the issue during the Bill's passage through the Dáil. In that event, this House will have the opportunity to examine the matter again.

Comments

No comments

Log in or join to post a public comment.