The Employment Appeals Tribunal is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day to day operations. The Tribunal hears claims under 18 separate pieces of legislation, some of which are lodged as direct claims to the Tribunal and others which come to the Tribunal by way of appeal or implementation of a Rights Commissioner’s recommendation/decision. The Tribunal has seen a significant increase in its caseload in recent years, as it is one of the front-line services directly impacted upon by the economic downturn. The largest increase in claims has been in redundancy appeals but other types of claims have also increased. Regrettably this has had the unfortunate consequence of increasing the time it takes for a claimant to have his or her case heard. All appeals are listed for hearing in accordance with their date of lodgement with the Tribunal.
Despite the significant increase in the volume of claims, the Tribunal has been pro-active in seeking to manage the caseload to maximise efficiency. As part of the drive for efficiencies the Tribunal streams cases, of similar types where possible or where the parties are the same. These efficiencies have resulted in quicker turnover and improvements to the service provided and delivered significant increases in output and the number of cases disposed of, in 2010 (+30%), 2011 (+11%) and a further marked increase to date in 2012. The number of claims awaiting hearing at the end of Q3 2012 is 4,311. There has been a continued reduction in the number of claims awaiting hearing since Q1 2011. However, of the total number of claims received by the Tribunal, approximately 25% to 35% of these claims are Unfair Dismissal claims. Due to the contested nature of unfair dismissal cases, a very significant but varying amount of the Tribunal’s time is given to these hearings.
I am informed that the waiting periods at the end of September 2012, ranged from 9 weeks to 94 weeks. The reason for the variance in these waiting times is because the Tribunal conducts hearings in about 36 locations. Where the number of cases is relatively small, the Tribunal may wait until a sufficient number of cases are on hand so as to maximise value for money. Once a critical mass of hearings is assembled, 5 days of hearing in a single location can reduce the waiting time in the area concerned significantly. I have asked the Tribunal to examine if further efficiencies can be achieved through rationalizing their hearing venues. Delays are also impacted upon by the number of postponement or adjournment applications made by either party. I understand that the Tribunal targets areas with the longest waiting period and highest level of claims outstanding; using the resources it has currently available. The Tribunal is actively working to meet this challenge, notwithstanding the high level of claims in recent years and the administrative resources available.
I believe it is essential that we have efficient and effective mechanisms to develop harmonious and productive workplaces and to assist employers and employees to avoid and resolve disputes. When I came into office last year I inherited a system for resolving employment disputes that did not achieve this. The system was frustrating for employers, employees and professionals representing them. Notwithstanding the efforts of the EAT and others to reduce backlogs, I believe the delays that users of the service are experiencing are unacceptable.
It is for these reasons I am undertaking a root and branch reform of all five Workplace Relations Bodies. The Reform programme I have commenced will deliver a World-Class Workplace Relations structure. I propose to establish a two-tier Workplace Relations structure. This means that from next year two statutorily independent bodies will replace the current five. We will have a new single body of first instance to be called the Workplace Relations Commission and a separate appeals body, which will effectively be an expanded Labour Court. All complaints will be dealt with by a single body of first instance where the aim will be to have a hearing within three months from the time the case is lodged.
The activities of the Labour Relations Commission, the National Employment Rights Authority, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and the Labour Court will be merged into the new Body of First Instance, to be known as the Workplace Relations Commission (WRC). The appellate functions of the Employment Appeals Tribunal will be incorporated into an expanded Labour Court. Work has commenced on the drafting of a Workplace Relations Bill to give effect to the new two-tier structure. I fully expect the work that I have initiated with regard to the reform of the Workplace Relations Bodies, including the EAT, to significantly improve the quality of service to users including a reduction in waiting times.
Since I announced my reform proposals we have undertaken two public consultation processes; published two policy documents; published a new website; introduced a single complaint form and single contact portal and commenced delivery of an Early Resolution Service. In addition we have prepared the Scheme of the Workplace Relations Bill and secured Government Approval for priority drafting of the Bill.
Significant progress has been made to date which means we now have:
- A new single contact portal called “Workplace Relations Customer Services” dealing with all Workplace Relations complaints which has replaced the five separate entry points.
- Complaints are now acknowledged, on average, within a week of receipt. This was previously taking up to eight months in some cases.
- The employer is also notified, on average, within a week of the complaint being lodged thus increasing the possibility of a resolution being reached without the need for a hearing. Again this was taking up to eight months
- There are now no backlogs for Rights Commissioner hearings.
- A Single Complaint Form that deals with over 100 first instance complaints has replaced the 30 forms previously in use.
- A new workplace relations interim website www.workplacerelations.ie is in place.
- A pilot Early Resolution Service is now seeking to resolve disputes at an early stage without the need for adjudication.
I am determined to progress the next phase of the reform and the enactment of the legislation with the same determination and priority that has delivered excellent results so far.
