Workplace Relations Bill 2014: Committee Stage (Resumed)
SECTION 87
I move amendment No. 137:
In page 70, between lines 6 and 7, to insert the following:
“(c) in section 26 in line one, after the word “penalised”, to insert “or threaten to penalise”.”.
The Minister of State has already spoken on this issue, but I am a little concerned that the Government seeks so narrowly to control the scope of the Bill. I believe it is within the remit of the House to extend the scope of the Bill somewhat. We have argued the toss on this. It is not only a matter of penalising. The threat to penalise also operates as a disincentive to people and for this reason I believe it should be covered. The Minister of State has said that the wording is correct and that it is in other legislation and so on, but it is not in this legislation and I believe it should be.
This Bill goes beyond just the general regulations, procedures and so on. It deals with principles and issues. It seems extraordinary that the Minister of State would resist taking this on. If the Minister of State is providing for penalising, then threatening to penalise has the same effect. As the Minister of State is taking on penalising, that is actually in the Bill and we are not extending the scope of the Bill at all. It would not bother me if we were, but we are not. We are addressing a clear point, that it would be not only "penalising", which is in the Bill, but also the threat to penalise. If somebody comes along and says to an employer that if he or she does a particular thing, we will levy such-and-such in the way of sanctions, then that is an effective disincentive. It should be addressed in this Bill.
I will stick to this point, and I will return to it on Report Stage. It seems the Government is taking a narrow view. There is an utter reluctance to accept amendments from this House, and there is no need. Some of my colleagues said this was because the Bill has come from the Dáil and would have to go back to it with any amendments, but the Government amendments we are dealing with will have to go back anyway. There is no stumbling block. I appeal to the Minister to take this back urgently and decide not only to penalise but also to provide for a threat to penalise.
Changes have been accepted. Some of the Government amendments reflect amendments put forward by the Opposition.
They all are Government amendments.
They are not. Three or four amendments were put forward at an earlier stage.
From the Government side.
No. Quite a few were taken on board from members of the Opposition, including Deputy Peadar Tóibín. There are two others that were already taken. On the first two days of discussion of the Bill, amendments were introduced by the Government on foot of representations.
Exactly. They were Government amendments.
The aim is that we get the amendments we want.
Members should be happy with that. It is not the case that we are refusing to make any changes.
The problem with this amendment is this. I have already quoted instances where such provisions are in use. It is not that we are saying Senator Norris is wrong with this amendment. We are only saying that the scope of this Bill, and the public consultation that went along with it, did not involve changes to employment law. It involved changes to the structures and the procedures. It would be unfair to change the scope of the Bill during this debate because it would defeat the purpose of the public consultation.
A commitment is being given to Senator Norris now that this will be addressed across all of the primary legislation, not only this one Bill. It will have effect in a range of areas. It would not be a case of accepting the amendment - end of story. There would be a fair bit of work involved, which would delay the Bill, which has taken a long time to get through as it is. We want to progress with this as it is now and not reopen the consultation on it, but there is a commitment to try to address Senator Norris's concerns at a later stage. That is the position. The wording of Senator Norris's amendment is not wrong. It is just that it is the wrong time to put it in this Bill.
I do not accept that for a minute, because "penalise" is already included. That is clear. How much consultation does one need on that? I do not see any need whatever for consultation on that, because it is merely an extension of the idea of penalising. This is another way of penalising, and it is spelling it out. The Minister of State agrees with it; it is merely that he will not accept it.
The concern is that the amendment changes the nature of this Bill.
How does it change the nature of the Bill?
It changes the scope of the Bill. We went out to consultation with one version. If one completely changes the scope, it defeats the consultation. That is standard procedure with legislation being brought through here. Senator Norris is unhappy with it.
Is the Minister of State saying decisions are made about parliamentary legislation outside the House by interested bodies?
The public consultation on this Bill was mainly to do with the structures, not principles.
Is Senator Norris pressing the amendment?
I am reserving it for Report Stage.
Amendment, by leave, withdrawn.
Government amendment No. 138:
In page 70, line 7, to delete "Industrial Relations Act 1990" and substitute "Act of 1990".
Amendment agreed to.
I move amendment No. 139:
In page 70, after line 12, to insert the following:
“(4) Section 7(2)(b) of the Payment of Wages Act 1991 shall be deleted.
(5) The National Minimum Wage Act 2000 is amended:
(a) in section 24(2) by the deletion of the words "referred to or" after the word "be",
(b) in section 24 by the insertion of a new subsection after subsection (2):
"(2A)(a) In the event of an employee referring to an adjudicating officer a complaint and being unable to prove to the Director General evidence of having obtained under section 23 a statement of his or her average hourly rate of pay in respect of a relevant pay reference period, or
(b) having requested the statement has not been provided with it within the time limit by that section for the employer to supply the information,
(c) the Director General shall advise the employee of the requirement to request a statement under section 23 and shall advise the said employee that the said complaint shall be placed on hold for a period of 90 days to enable the employee to furnish evidence under paragraph (a) or (b). For the avoidance of doubt any request made under section 23 within 90 days of receipt by the employee of a request from the Director General under paragraph (c) shall be a valid request under section 23 for the purposes of subsection (2) thereof.",
(c) in section 36(1) by the insertion after the word cause of "or threaten to cause".".
The reason for this amendment is that it is unnecessary that a party wishing to appeal a payment of wages decision must notify not only the entity to which he or she is appealing but also the other party. Many payment of wages claims that go on appeal fail because of this archaic condition, which is unnecessary.
I am afraid we are on similar grounds to the previous amendment.
The amendments to the National Minimum Wage Act 2000 that have been proposed by the Senator would also constitute a substantial rather than a procedural amendment to that legislation. As I have already stated in response to the previous amendments, substantive changes to employment rights legislation such as that proposed by the Senator in this amendment fall outside of the scope of the present Bill. Therefore, I am not going to accept these amendments.
In relation to the Senator's proposed amendment to the Payment of Wages Act 1991, I wish to confirm that section 7(2)(b) of that Act relates to procedural matters concerning the appeal of the decision of a Rights Commissioner to the Employment Appeals Tribunal under that legislation. The Workplace Relations Bill 2014 makes provision for the incorporation of the new appeals structures in the Labour Court in all employment rights legislation, including the Payment of Wages Act 1991, and, as a consequence, the provisions of section 7(2)(b) of that Act have been repealed by this Bill. Accordingly, this amendment is a procedural rather than a substantive amendment to the Payment of Wages Act 1991.
I do not accept the Minister of State's reasoning but I will withdraw the amendment and consider putting it forward on Report Stage.
Amendment, by leave, withdrawn.
Section 87, as amended, agreed to.
SCHEDULE 1
Question proposed: "That Schedule 1 be Schedule 1 to the Bill."
I wish to inform the House that I intend to introduce amendments of a technical and drafting nature to Schedules 1, 2, 3, 4, 5 and 6 on Report Stage.
I also wish to inform the House that I intend to introduce two new Schedules to the Bill on Report Stage. These schedules are purely of a technical and drafting nature and they will set out the relevant redress provisions in the individual employment enactments and statutory instruments under which redress can be awarded under sections 42 and 45 by WRC adjudicators and the Labour Court.
Question put and agreed to.
SCHEDULE 2
Amendments Nos. 140 to 142, inclusive, are related and may be discussed together by agreement. Is that agreed? Agreed.
Government amendment No. 140:
In page 74, between lines 14 and 15, to insert the following:
“
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5.
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No. 22 of 1993
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Unfair Dismissals (Amendment) Act 1993
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Sections 11 and 12
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”.
Amendments Nos. 140 to 142, inclusive, are required to ensure that all necessary and appropriate appeals of existing legislative provisions are captured and that no provision that is required in the future is inadvertently appealed.
Amendment agreed to.
Government amendment No. 141:
In page 74, to delete lines 31 to 33.
Amendment agreed to.
Government amendment No. 142:
In page 75, to delete lines 28 and 29.
Amendment agreed to.
Schedule 2, as amended, agreed to.
Schedule 3 agreed to.
SCHEDULE 4
Amendments Nos. 143 to 145, inclusive, are related and may be discussed together by agreement. Is that agreed? Agreed.
Government amendment No. 143:
In page 80, between lines 5 and 6, to insert the following:
“
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No. 10 of 1977
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Unfair Dismissals Act 1977
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Section 14(1), (2) and (4)
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”.
Amendments Nos. 143 to 145, inclusive, to Schedule 4 reorder the lists of Acts referred to the schedule in chronological order for ease of use, and make minor corrections to the sections of the Organisation of Working Time Act 1997, non-compliance with which may be the subject of a compliance notice issued by an inspector.
Amendment agreed to.
Government amendment No. 144:
In page 80, to delete lines 10 to 13 and substitute the following:
“
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No. 20 of 1997
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Organisation of Working Time Act 1997
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Sections 6(2), 11, 12, 13, 14(1), 15(1), 16(2), 17, 18, 19(1), 19(1A), 21, 22, and 23(1) and (2)
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”.
Amendment agreed to.
Government amendment No. 145:
In page 80, to delete line 14.
Amendment agreed to.
Schedule 4, as amended, agreed to.
SCHEDULE 5
Amendments Nos. 146 and 147 are related and may be discussed together by agreement. Is that agreed? Agreed.
Government amendment No. 146:
In page 82, line 6, to delete "Regulations 4(4)(a) and 13" and substitute "Regulation 4(4)(a)".
Amendments Nos. 146 and 147 delete a superfluous reference to a regulation in the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 and delete a duplicated reference to the Minimum Notice and Terms of Employment Act 1973.
Amendment agreed to.
Government amendment No. 147:
In page 82, to delete line 26.
Amendment agreed to.
Schedule 5, as amended, agreed to.
SCHEDULE 6
Amendments Nos. 148 to 199, inclusive, are related and may be discussed together by agreement. Is that agreed? Agreed.
Government amendment No. 148:
In page 83, to delete lines 26 to 36 and substitute the following:
“
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(c) require the employer to pay to the worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the worker’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.".
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”.
I am glad the Leas-Chathaoirleach achieved agreement on that grouping anyway.
Amendment Nos. 148 to 199, inclusive, to Schedule 6 set out the consequential amendments that it will be necessary to make to other employment enactments and statutory instruments as a result of the new structures for the adjudication of complaints and disputes that will be introduced by this Bill. Amendment Nos. 148 to 199, inclusive, to Schedule 6 are of a technical and drafting nature and are necessary and appropriate to ensure consistency of language and style in the Statute Book.
Amendment agreed to.
Government amendment No. 149:
In page 83, to delete lines 37 to 44.
Amendment agreed to.
Government amendment No. 150:
In page 85, to delete lines 23 to 33 and substitute the following:
“
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(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.
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”.
Amendment agreed to.
Government amendment No. 151:
In page 85, to delete lines 34 to 41.
Amendment agreed to.
Government amendment No. 152:
In page 88, to delete lines 4 to 6 and substitute the following:
“
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(a) complied with a direction under section 6A given in relation to the contravention before the commencement of section 8 of the Workplace Relations Act 2015, or
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”.
Amendment agreed to.
Government amendment No. 153:
In page 88, to delete lines 43 to 45 and in page 89, to delete lines 4 to 11 and substitute the following:
“
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(d) order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”.
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”.
Amendment agreed to.
Government amendment No. 154:
In page 89, to delete lines 12 to 20.
Amendment agreed to.
Government amendment No. 155:
In page 93, to delete lines 34 to 38 and substitute the following:
“
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(c) order the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances.”.
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”.
Amendment agreed to.
Government amendment No. 156:
In page 93, to delete lines 39 to 46.
Amendment agreed to.
Government amendment No. 157:
In page 94, to delete lines 30 to 35 and substitute the following:
“
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(c) order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances.”.
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”.
Amendment agreed to.
Government amendment No. 158:
In page 94, to delete lines 36 to 43.
Amendment agreed to.
Government amendment No. 159:
In page 95, to delete lines 26 to 32 and substitute the following:
“
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(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment.”.
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”.
Amendment agreed to.
Government amendment No. 160:
In page 95, to delete lines 33 to 41.
Amendment agreed to.
Government amendment No. 161:
In page 101, to delete lines 15 to 34 and substitute the following:
“
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(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”.
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”.
Amendment agreed to.
Government amendment No. 162:
In page 101, to delete lines 35 to 47 and in page 102, to delete lines 4 to 6.
Amendment agreed to.
Government amendment No. 163:
In page 102, to delete lines 10 to 21 and substitute the following:
“
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“(6) A decision of the Labour Court under section 45 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in subsection (5), shall affirm, vary or set aside the decision of the adjudication officer.”,
and
(e) the deletion of subsection (7).
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”.
Amendment agreed to.
Government amendment No. 164:
In page 106, to delete lines 4 to 12 and substitute the following:
“
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14.
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No. 19 of 2001
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Carer’s Leave Act 2001
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Section 2 is amended, in subsection (1), by the substitution of the following definition for the definition of Minister:
“ ‘Minister’ means the Minister for Justice and Equality;”.
Section 17 is amended—
(a) in subsection (1), by the deletion of the words “applies to any dispute between an employee and the employer relating to any entitlement of the employee under this Act (or any matter arising out of or related to such an entitlement) but”, and
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”.
Amendment agreed to.
Government amendment No. 165:
In page 107, to delete lines 41 to 45 and in page 108, to delete lines 4 to 10 and substitute the following:
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“(1) In proceedings under Part 4 of the Workplace Relations Act 2015 in respect of a complaint of a contravention of section 8A(5), it shall not be necessary for the employee to show that he or she has at least one year’s continuous service with the employer concerned.”,
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”.
Amendment agreed to.
Government amendment No. 166:
In page 108, to delete lines 40 to 46 and in page 109, to delete lines 4 to 32 and substitute the following:
“
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(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.
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”.
Amendment agreed to.
Government amendment No. 167:
In page 109, to delete lines 33 to 47 and on page 110, to delete line 4 and substitute the following:
“
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(b) by the substitution of the following paragraph for paragraph 2:
“2 A decision of the Labour Court under section 45 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in paragraph 1(3), shall affirm, vary or set aside the decision of the adjudication officer.”,
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”.
Amendment agreed to.
Government amendment No. 168:
In page 110, to delete lines 5 to 23 and substitute the following:
“
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(c) in paragraph 3 by—
(i) the substitution of the following subparagraph for subparagraph (7):
“(7) In proceedings under Part 4 of the Workplace Relations Act 2015 in relation to a complaint that section 8A(5) has been contravened, it shall be presumed, until the contrary is proved, that the employee concerned acted reasonably and in good faith in forming the opinion and making the communication concerned.”,
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”.
Amendment agreed to.
Government amendment No. 169:
In page 110, to delete lines 24 to 36 and substitute the following:
“
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(ii) the substitution, in clause (a) of subparagraph (8), of “a complaint in respect of the contravention shall not be referable to an adjudication officer under section 42 of the Workplace Relations Act 2015 or a mediation officer under section 39 of that Act” for “such dismissal may not be presented to a rights commissioner under paragraph 1(1)”, and
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”.
Amendment agreed to.
Government amendment No. 170:
In page 110, to delete lines 37 to 46 and in page 111, to delete lines 4 and 5 and substitute the following:
“
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(iv) the substitution, in clause (b) of subparagraph (8), of “a complaint to the Director General of the Workplace Relations Commission under section 42 of the Workplace Relations Act 2015 in respect of a contravention” for “a complaint to a rights commissioner under paragraph 1(1) in respect of a dismissal”.
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”.
Amendment agreed to.
Government amendment No. 171:
In page 111, to delete lines 25 to 32, and substitute the following:
“
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(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment.”.
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”.
Amendment agreed to.
Government amendment No. 172:
In page 111, to delete lines 33 to 40.
Amendment agreed to.
Government amendment No. 173:
In page 112, to delete lines 43 to 45 and page 113, to delete lines 4 to 34 substitute the following:
“
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(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.",
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”.
Amendment agreed to.
Government amendment No. 174:
In page 114, to delete lines 21 to 28 and substitute the following:
“
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(d) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment.".
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”.
Amendment agreed to.
Government amendment No. 175:
In page 114, to delete lines 29 to 36.
Amendment agreed to.
Government amendment No. 176:
In page 118, to delete lines 26 to 40 and substitute the following:
“
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(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances but not exceeding 2 years’ remuneration in respect of the employee’s employment.",
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”.
Amendment agreed to.
Government amendment No. 177:
In page 118, to delete lines 41 to 46 and page 119, to delete lines 4 to 10.
Amendment agreed to.
Government amendment No. 178:
In page 120, to delete lines 4 to 13 and substitute the following:
“
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(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances.".
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”.
Amendment agreed to.
Government amendment No. 179:
In page 120, to delete lines 14 to 26.
Amendment agreed to.
Government amendment No. 180:
In page 121, to delete lines 20 to 40 and substitute the following:
“
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(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.",
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”.
Amendment agreed to.
Government amendment No. 181:
In page 121, to delete lines 41 to 47 and in page 122, to delete lines 4 to 9.
Amendment agreed to.
Government amendment No. 182:
In page 125, to delete lines 11 to 31 and substitute the following:
“
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(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.",
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”.
Amendment agreed to.
Government amendment No. 183:
In page 125, to delete lines 35 to 46 and substitute the following:
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"(8A) A decision of the Labour Court under section 45 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in subsection (5), shall affirm, vary or set aside the decision of the adjudication officer.",
and
(e) by the deletion of subsection (4), (6), (7) and (8).
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”.
Amendment agreed to.
Government amendment No. 184:
In page 129, to delete lines 18 to 38 and substitute the following:
“
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(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977 .".
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”.
Amendment agreed to.
Government amendment No. 185:
In page 129, to delete lines 39 to 47 and in page 130, to delete lines 4 to 9.
Amendment agreed to.
Government amendment No. 186:
In page 130, to delete lines 26 to 45, to delete page 131, and in page 132, to delete lines 4 to 36 and substitute the following:
“
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30.
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No. 40 of 2011
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Property Services (Regulation) Act 2011
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Schedule 4 is amended—
(a) in paragraph 1, by—
(i) the substitution of the following subparagraph for subparagraph (1):
“(1) In proceedings under Part 4 of the Workplace Relations Act 2015 in respect of a complaint of a contravention of section 67(5), it shall not be necessary for the employee to show that he or she has at least one year’s continuous service with the employer concerned.”,
(ii) the substitution of the following subparagraph for subparagraph (3):
“(3) A decision of an adjudication officer under section 42 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 67(5) shall do one or more of the following, namely—
(a) declare that the complaint was or, as the case may be, was not well founded,
(b) require the employer to take a specified course of action, which may include, in a case where the penalisation constitutes a dismissal, reinstatement or reengagement, or
(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”,
(b) by the substitution of the following paragraph for paragraph 2:
“2. A decision of the Labour Court under section 45 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in paragraph 1(3), shall affirm, vary or set aside the decision of the adjudication officer.”,
and
(c) in paragraph 3, by—
(i) the substitution, in subparagraph (7), of “Part 4 of the Workplace Relations Act 2015” for “this Schedule before a rights commissioner or the Labour Court”,
(ii) the substitution, in clause (a) of subparagraph (8), of “an adjudication officer under section 42 of the Workplace Relations Act 2015” for “a rights commissioner under paragraph 1(1)”, and
(iii) the substitution, in clause (b) of subparagraph (8), of “an adjudication officer under section 42 of the Workplace Relations Act 2015” for “a rights commissioner under paragraph 1(1)”.
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Amendment agreed to.
Government amendment No. 187:
In page 133, to delete lines 29 to 46 and substitute the following:
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(c) require the employer or hirer, as the case may be, to pay to the employee or agency worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s or agency worker’s employment.”,
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”.
Amendment agreed to.
Government amendment No. 188:
In page 134, to delete lines 4 to 18.
Amendment agreed to.
Government amendment No. 189:
In page 139, to delete lines 30 to 45 and substitute the following:
“
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2.
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S.I. No. 131 of 2003
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European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003
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The following Regulation is substituted for Regulation 10:
“Decision under
section 42
of
Workplace Relations Act 2015
10. A decision of an adjudication officer under section 42 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of a provision (other than Regulation 4(4)(a)) of these Regulations shall do one or more of the following, namely—
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Amendment agreed to.
Government amendment No. 190:
In page 140, to delete lines 40 to 49 and substitute the following:
“
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in respect of the employee’s employment calculated in accordance with regulations made under section 17 of the Unfair Dismissals Act 1977.”.
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”.
Amendment agreed to.
Government amendment No. 191:
In page 141, to delete lines 4 to 20.
Amendment agreed to.
Government amendment No. 192:
In page 142, to delete lines 14 to 29 and substitute the following:
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(c) require the employer to pay to the crew member compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the crew member’s employment.”.
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”.
Amendment agreed to.
Government amendment No. 193:
In page 142, to delete lines 30 to 42.
Amendment agreed to.
Government amendment No. 194:
In page 145, to delete lines 15 to 30 and substitute the following:
“
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(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances but not exceeding 2 years’ remuneration in respect of the employee’s employment.”.
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”.
Amendment agreed to.
Government amendment No. 195:
In page 145, to delete lines 31 to 43.
Amendment agreed to.
Government amendment No. 196:
In page 148, to delete lines 5 to 13 and substitute the following:
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(c) require the employer to pay to the mobile worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all the circumstances, but not exceeding 2 years’ remuneration in respect of the mobile worker’s employment.”.
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”.
Amendment agreed to.
Government amendment No. 197:
In page 148, to delete lines 14 to 21.
Amendment agreed to.
Government amendment No. 198:
In page 149, to delete lines 8 to 19 and substitute the following:
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(c) require the employer to pay the mobile worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the mobile worker’s employment (calculated in accordance with requirements under section 17 of the Unfair Dismissals Act 1977).”.
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Amendment agreed to.
Government amendment No. 199:
In page 149, to delete lines 20 to 27.
Amendment agreed to.
Schedule 6, as amended, agreed to.
TITLE
Government amendment No. 200:
In page 9, line 12, to delete “functions first instance” and substitute “first instance functions”.
This amendment merely proposes a reordering of the wording to correct an error in syntax, and it involves no substantive change to the Bill's Long Title.
Amendment agreed to.
Title, as amended, agreed to.
Bill reported with amendments.
When is it proposed to take Report Stage?
Report Stage ordered for Tuesday, 10 March 2015.
When is it proposed to sit again?
At 2.30 p.m. next Tuesday.
The Seanad adjourned at 1.50 p.m. until 2.30 p.m. on Tuesday, 10 March 2015.
