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Dáil Éireann debate -
Tuesday, 9 Oct 2001

Vol. 541 No. 4

Written Answers. - Labour Court Legislation.

Jack Wall

Question:

182 Mr. Wall asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans she has to update legislation regarding Labour Court decisions; if she will award such payments; if she will provide alternative means to the employees to claim such awards; and if she will make a statement on the matter. [22765/01]

It is already the case that certain decisions of the Labour Court are enforceable. Decisions of the court in relation to appeals of decisions of rights commissioners under the Organisation of Working Time or National Minimum Wage Acts, appeals of decisions of equality officers under equality legislation, dismissal cases under equality legislation and complaints of breaches of registered employment agreements are binding on the parties.

The Labour Court also operates as an industrial relations tribunal in trade disputes. In such cases, including the one to which I understand the Deputy is referring, the court hears both sides and then issues a recommendation setting out its opinion on the dispute and the terms on which it considers the dispute should be settled. While these recommendations are not binding on the parties concerned, the parties are expected to give serious consideration to the court's recommendation. Ultimately, however, responsibility for the settlement of a dispute rests with the parties.

I have no plans at present to make the recommendations of the Labour Court in industrial relations disputes legally enforceable.

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