Frances Black (Independent) | Oireachtas source

I move amendment No. 4:

In page 11, between lines 36 and 37, to insert the following: "(2) The review specified in subsection (1) shall examine whether and to what extent the operation of the amendments is having a deterrent effect on employees seeking to make a complaint to the Workplace Relations Commission.".

I am speaking on behalf of Senator Higgins. This is a simple amendment to ensure a review under section 13 will examine whether the provisions of the legislation are having a chilling effect on employees. I am aware others share our concern that the provisions introduced in this Bill, especially where they relate to public hearings and the disclosure of the names of parties to proceedings, could deter employees from bringing claims against their employers. The point has been made that there is a significant power imbalance between employees and employers. Workers have fewer resources and options and so much more to lose. As a result, it takes a lot of courage for an employee to take a case against an employer. The benefit of conducting hearings in private and ensuring published decisions are anonymised is employees may be assured that making a complaint against their employer will not damage their career or affect their future job prospects. If an employee believes his or her name and the details of the claim will be available to the public, he or she may choose not to proceed out of fear it would have consequences for the rest of his or her life. We are concerned, therefore, that the proposal in the Bill might have the unintended consequence of deterring employees from making a complaint, even where they have a strong case against their employer.

We acknowledge the legislation was introduced on foot of the judgment of the Supreme Court and, further, that the Bill provides that hearings may be held in private under certain circumstances, but we believe a review of the Act under section 13 should recognise these concerns and examine whether and the extent to which the amended legislation is deterring employees from making complaints. This is important because we need to ensure that if these provisions have a chilling effect, it will be remedied as soon as possible to allow employees to avail of the law and the relevant complaint mechanisms to have their rights vindicated.