Tony Killeen (Clare, Fianna Fail)

I move amendment No. 27:

In page 18, to delete line 5 and substitute the following:

""(2A) Without prejudice to the applicability of any of the provisions of section 6 to the case, where——".

This amendment provides that, to avoid doubt, the applicability of the provisions of section 6 of the Unfair Dismissals Act 1977 to the type of dismissal described in the new section 5(2A) of that Act is not affected. In other words, the application of section 6 to situations where all the employees involved in a strike or industrial dispute are dismissed is not affected. Section 6 of the Unfair Dismissals Act 1977 provides that, generally, a dismissal shall be deemed to be unfair unless an employer can prove that it was justified by substantial grounds. Section 6 also outlines certain criteria on which dismissals may be adjudicated as either fair or unfair. In addition, section 6 of the Act describes certain dismissals that are automatically deemed unfair. For the purposes of clarity, that must also be included in this legislation.

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