David Cullinane (Sinn Fein) | Oireachtas source

When preparing for this debate and looking at the range of tabled amendments and the Bill itself, it was interesting to note a correlation between what the Minister is trying to do in this Bill and what is being done in the Companies Act. on which we had a lengthy debate in this House.There is an interrelationship between the two in many respects. I accept that some of this comes back to company law. As Senator Craughwell said, the purpose of this Bill is to simplify procedures for employers and employees. We support the Bill because it streamlines the employment rights bodies and makes it easier for both parties to have proper adjudication. There is also a mediation process.

However, there is a difficulty where a company uses a trade name and the person believes that is his or her employer, but then finds out, if he or she has to take a case, that it is not. This amendment tries to simplify that and to add value to the Minister's attempts to make it easier for everybody so that people know where they stand. I have had experience of this when I was employed by what I thought was a company but which turned out to be a subsidiary of a different company and I did not know who the actual employer was, so this does create difficulties. The Employment Law Association of Ireland has pointed out what it sees as difficulties here. It has lobbied all of us and I would imagine that these amendments have come directly from that source. I ask the Minister to reconsider because, as Senator Craughwell said, it would add value to the Bill if we were to simplify this and be very clear about this issue.