I have read — and I would like to say with a great deal of interest — the recent report on research done by Dr. Collette Darcy of the National University of Ireland, Galway and Dr. Thomas Garavan from the University of Limerick, which provides an insight into employees' experience of the Employment Appeals Tribunal.
The Tribunal is an independent statutory body which is required to adjudicate on a range of issues and grievances which could broadly be regarded as coming within the sphere of industrial relations. The current membership of the Tribunal comprises a legally qualified chairperson, 31 vice chairpersons with legal qualifications and a total of 72 members whose numbers are equally representative of employers and trade unions.
The research finds that about 95% of the Tribunal's workload is concerned with unfair dismissal cases. The research also bears out representations which I have received about the perception that the Tribunal's proceedings are becoming ever more legalistic in nature, and not, as envisaged, a place where the ordinary person could turn when faced with a perceived injustice where they could have their voice heard in an informal and relaxed setting.
I am particularly taken aback at the view which has emerged from the report that there is a difference in compensation awarded to those who had legal representation and those who did not. Even though the researchers state in their report that they did not set out to capture information regarding respondents' representation, I am concerned that there would be a perception out there that either the Tribunal's proceedings or its findings would be dependent on legal representation.
I intend to ask the Tribunal for its formal response to the research, before deciding what action may be appropriate.
