Kathryn Reilly (Sinn Fein) | Oireachtas source

I move amendment No. 68:

In page 37, between lines 32 and 33, to insert the following:

“(c) Any person appointed as an adjudication officer immediately after the commencement of this Part will be required to be adequately trained in the area of equality legislation, in addition to all relevant industrial relations and employment law.”.

The Equality Rights Alliance has raised a number of concerns with this legislation in that not all of the employment cases will fall into once specific area.ICTU has raised similar concerns. For example, a case dealing with a breach of employment law may also have a discrimination dimension. The Equality Tribunal does not operate like an ordinary court in that it investigates cases and equality officers have wide-reaching powers, such as compelling witnesses. It is not reliant on legal arguments presented by the complainant or the respondent. Cases of discrimination are unique in that the burden of proof passes to the respondent once a complaint is made of a prima faciecase of discrimination. In short, there is a concern that future adjudication officers would not be adequately trained to deal with equal status cases.