Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

A dismissal based on victimisation would, by definition, be an unfair dismissals case. Such action is not permitted by our legislation. Under the organisation of working time provisions, an employer shall not penalise or threaten to penalise an employee "for having in good faith", etc. There is provision for not penalising under health and safety legislation. I could also refer to employment permits, protected disclosures, etc. Each of the relevant Acts makes explicit provision in this regard and we should not repeat in this legislation measures that are already provided for in the existing body of labour law.

I would be crazy to agree to Senator Cullinane's amendment, as it does not contain a penalty clause. One must revert to the parent legislation to find the consequence of an employer victimising an employee. It differs depending on the law in question, but that is how it should be. This Bill is not an exercise in bringing all of the legislation together in a comprehensive section on victimisation. The amendment is superfluous and would not be effective in doing what the Senator hopes it would do.