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Dáil Éireann debate -
Wednesday, 7 Oct 1992

Vol. 423 No. 1

Written Answers. - Unfair Dismissals.

Richard Bruton

Question:

445 Mr. R. Bruton asked the Minister for Labour his views on whether the power which he has to initiate proceedings on behalf of an employee under the Unfair Dismissals Act, 1977 should be extended into other areas where employees have difficulties in enforcing legally binding awards against an employer.

The Unfair Dismissals Act, 1977 allows the Minister for Labour to initiate, on behalf of an employee, who so requests it, proceedings for the enforcement of the terms of a determination made by the Employment Appeals Tribunal but not discharged by the employer. Similar provision is contained in the Minimum Notice and Terms of Employment Act, 1973 and the Maternity Protection of Employees Act, 1981. The Payment of Wages Act, 1991 specifically provides that an award under the Act may be enforced as if it were an Order of the Circuit Court. It is my view that these arrangements adequately provide for the enforcement of awards in these areas by the Employment Appeals Tribunal.

Generally, recommendations issued by the Labour Court under the Industrial Relations Acts are not legally binding. Section 13 (9) of the Industrial Relations Act, 1969, which makes provision for an appeal to the Labour Court against a recommendation of a Rights Commissioner, states that "... the parties to the dispute shall be bound by the decision of the Court on the appeal".

There is no enforcement mechanism provided in the 1969 Act and no sanctions are provided where one or other party does not adhere to or implement the decision of the Court under this section. Consideration has been given to the question of introducing an enforcement mechanism but it is likely that such a provision would undermine the voluntary nature of the Rights Commissioner and the Labour Court services. If measures were introduced to make decisions legally enforceable, it is likely that the parties to disputes would in many cases refuse to use these services.

The Anti-Discrimination (Pay) Act, 1974 and the Employment Equality Act, 1977, contain provisions for the enforcement of Labour Court determinations in equality cases. In the context of the current review of this legislation, I am carefully examining the adequacy of the existing enforcement procedures with a view to making improvements in this area.
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