Seanad debates

Thursday, 15 July 2021

Workplace Relations (Miscellaneous Provisions) Bill 2021: Committee and Remaining Stages

 

9:30 am

Photo of Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

I support the Bill. I said I would speak after the Minister of State. He has comprehensively covered why this amendment is not necessary. In addition, as I have said before, I believe the reporting and publication of matters at the adjudication hearing stage informs members of the public as to their employment rights. You have to know your way around the WRC website. It is really good and really thorough, there is very good advice on it and it provides good access to decisions and determinations but you have to know your way around it or know what you are looking for. From that point of view, having journalists report on and speak about cases, which they will now be able to do, will make employment rights much more accessible to the public. That is a good thing. Since the year 2000, a statutory instrument has been in effect, which sets outs the procedures for dealing with disputes in the workplace, whether grievances or disciplinary matters. I refer to SI 146 of 2000. Over the years, that has been elevated almost to the level of primary law in how it has been adhered to. It ensures that there is a proper internal mechanism for resolving disputes within companies and sets out how things such as the right to a representative are to be dealt with. There has also been a trend to include penal clauses within legislation that witnesses before the WRC and complainants under the Safety, Health and Welfare at Work Act 2005 who suffer any sort of consequence as a result of raising concerns can use. There are, therefore, already appropriate safeguards. The review, as set out, will be fairly comprehensive.

If, as a consequence of the public nature of hearings, we find ourselves in a situation in which numbers drop, that may be a really positive thing. It may not mean that people were fearful but rather that employers do not want the publicity and may be deterred. The public nature of it reinforces the power of the employee. I have often used the tactic of threatening to go public, to appeal to the Labour Court or to go for an injunction against employers. Their need to maintain their reputations has given me a great weapon. I say that cautiously but it is a weapon to use in all areas of litigation. It is part of what you are taught when learning to negotiate. I hope we will find ourselves with lower numbers as a consequence of better standards. Even if the amendment were to be accepted, I am not sure how the question could be answered. However, the Minister of State has already covered its purpose in the provisions of the Bill.

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