Seanad debates
Thursday, 19 February 2015
Workplace Relations Bill 2014: Committee Stage
10:30 am
David Cullinane (Sinn Fein) | Oireachtas source
The Minister has not addressed the point. I ask him to reflect on it and to take on board the points we made. Why is it that the vast majority of citizens are given 28 days, which appears to be the standard, to make an appeal in most situations yet when employers are involved that does not appear to apply? In addition, one of the flaws in employment law is that often the enforcement, penalties and sanctions do not deter an employer from doing something they should not do. For example, if an employer do not pay someone his or her proper entitlements and the employee then brings the employer to an employment rights body which agrees that the employer has not paid the employee the proper wages and orders the employer to do so, that is akin to somebody walking into a supermarket, walking out with a basketful of goods, getting caught and just saying, "I am giving back your goods and I am sorry". That appears to be the case when dealing with unscrupulous employers, which is what we are discussing here.
There appears to be a different set of standards when it comes to the vast majority of citizens. The victims of symphysiotomy are another example. Perhaps the Minister would address that point. I am sure he would have supported thousands of people in making appeals regarding various social welfare claims so he knows one has 28 days either to seek a referral or to make an appeal. Why is that the standard across those areas but not when it comes to employers? The Minister said he is working from what is already in place, but why is that the case? Why is there a different set of rules for employers? The point is that this then delays the entire process. That is the reason trade unions would query why it should be six weeks. They say it should be two weeks, but we have opted for the compromise of four weeks. I do not see why that cannot be agreed.
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