Dáil Éireann díospóireacht -
Wednesday, 22 Feb 2012

Vol. 756 No. 3

Protection of Employees (Temporary Agency Work) Bill 2011: Report Stage (Resumed) and Final Stage

Deputy Joan Collins

I move amendment No. 27:

In page 20, after line 24, to insert the following:

"26.—In the event of an agency worker being denied access to amenities or facilities to which he or she is entitled a minimum compensation of €1,000, increasing in line with the Consumer Price Index, shall apply in addition to an order compelling the employer to give such access."

The amendment was tabled in conjunction with the previous amendment to tighten up the legislation and to ensure clear penalties are imposed if an agency worker is denied access to amenities or facilities to which he or she entitled. The intention of the amendment is to ensure agencies and employers comply with the legislation and to impose a penalty if workers are denied access.

Deputy Richard Bruton

I thank the Deputy for the amendment. Schedule 2 provides for the avenue of legal recourse that an agency worker can take in the event of being denied, among other things, access to amenities and facilities. It is up to the Rights Commissioner Service to determine the appropriate compensation to be awarded, given the set of circumstances that present. It would be inappropriate, given the powers of the Rights Commissioner, to provide for minimum awards in certain instances without knowing the circumstances in which they arise. I do not propose to accept the amendment for this reason.

Generally, Rights Commissioners have the power to make awards that are just and equitable in all circumstances and the awards can be of up to two years remuneration. They have considerable discretion, therefore, in making awards. Seeking to impose minimum fines without knowing the circumstances would not be fair or appropriate.

Deputy Joan Collins

We discussed this issue earlier and we recognised the fact that it takes almost a year and a half to have a case heard by a Rights Commissioner. A penalty such as this would deter employers from denying workers access to their amenities and facilities and I would like the amendment to be accepted.

An Ceann Comhairle

Is the amendment being pressed?

Deputy Joan Collins

Yes.

Amendment put and declared lost.

Bill received for final consideration and passed.