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Dáil Éireann debate -
Thursday, 15 Dec 1977

Vol. 302 No. 10

Written Answers. - Rights Commissioners.

42.

asked the Minister for Labour the present position relating to the involvement of a Rights Commissioner in industrial disputes; if he regards the situation where both parties must invite the commissioner to investigate as satisfactory; and if he has any proposals in this regard.

The functions of the rights commissioners are governed by the Industrial Relations Act, 1969, and the Unfair Dismissals Act, 1977.

Under the Industrial Relations Act, 1969, a rights commissioner's function is to investigate a trade dispute provided that (i) a party to it does not object in writing to such an investigation; (ii) it is not a dispute connected with rates of pay, hours or times of work, or annual holidays, of a body of workers; (iii) it is not a dispute involving persons who have not access to the Labour Court for the purpose of a trade dispute; (iv) the Labour Court has not already made a recommendation about the same dispute.

In the event of an employer objecting to a rights commissioner's investigation of a dispute the commissioner is precluded from taking any further action in the matter. It is however open to the worker or his trade union to request the Labour Court to investigate the case. This avenue of redress requires the worker or his trade union to undertake in advance to be bound by the recommendation of the court. The voluntary nature of the service is regarded as one of the factors which has contributed to its success.

Under the Unfair Dismissals Act, 1977, a rights commissioner may, with the consent of the parties concerned, investigate a dispute involving a dismissal. In the event of the employer objecting to an investigation by a commissioner, the worker may automatically refer his case to the employment appeals tribunal. If the tribunal finds in favour of the worker and the employer fails to carry out the terms of the determination of the tribunal, I am empowered under the Act to carry on proceedings in the Circuit Court on behalf of the employee.

The operation of the service is kept under review so that any proposals for change can be examined as occasion arises.

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