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Dáil Éireann debate -
Tuesday, 14 Mar 1995

Vol. 450 No. 6

Written Answers. - Labour Court Hearings.

Mary Harney

Question:

161 Miss Harney asked the Minister for Enterprise and Employment if his attention has been drawn to the delay in cases being dealt with by the Labour Court, in particular the case of a person (details supplied) in Dublin 22 who is waiting over two years for a decision on his claim for a pension; and if he will make a statement on the matter. [5483/95]

Generally speaking there are no undue delays in processing cases which come before the Labour Court. Any delays which arise are usually due to factors outside the control of the court. The average period from the receipt of a case to the issue of findings by the Labour Court is six to eight weeks approximately which, given the complexity of many of the cases, is not unreasonable. Current procedures, which are continuously kept under review by the court, seek to ensure that cases are progressed to a conclusion as quickly as possible.

With regard to the specific case referred to in Dublin 22, the employee concerned is one of a number referred to in a complaint made by a trade union of employers, of a breach of a register agreement by a company. The complaint was referred to the court under section 10 of the Industrial Relations Act, 1969.

The court in accordance with the provisions of this section, before making a decision which is enforceable in law, is required to satisfy itself as to whether or not the complaint is well found.

To assist it in investigating this complaint the court requested the Labour Inspectorate of my Department to carry out an inspection and provide a report. From the evidence given to the court at the hearing and the Labour Inspectorate report, the court was not in a position to make a decision on the complaint.

The court had to initiate additional inquiries to decide whether or not the agreement had been breached. Further protracted discussions with the parties to the complaint have taken place and this has led to a delay in the case being finalised.

However, I have been informed that the court has now completed all inquiries, considered the evidence and will issue a decision at an early date.

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