Dáil Éireann Debate, Tuesday - 20 November 2012
322. Deputy John McGuinness asked the Minister for Jobs, Enterprise and Innovation the position regarding a complaint made to his Department by a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [51533/12]
View answerI understand that the circumstances surrounding your constituent’s complaint arise on foot of an appeal to the Employment Appeals Tribunal (EAT) of the recommendation of a Rights Commissioner under the Unfair Dismissals Acts.
The EAT and the Rights Commissioner Service, which operates as a service of the Labour Relations Commission (LRC), are independent statutory bodies under the aegis of my Department. As independent quasi-judicial bodies, I have no role in the day-to-day exercise of their functions.
If an employee considers that s/he has been unfairly dismissed, s/he may submit a claim for redress under the Unfair Dismissals Acts to a Rights Commissioner or a claim may be submitted directly to the EAT. Where a claim is heard by a Rights Commissioner under the Unfair Dismissals Acts, the Rights Commissioner will issue a recommendation and either party may appeal that recommendation to the EAT. The appeal must be made within 6 weeks of the date on which the Rights Commissioner communicated the recommendation to the parties. This is done by giving written notice of appeal within that period to the EAT on the prescribed form. In communicating Rights Commissioners’ recommendations, it is standard practice to include with the recommendations, information on how an appeal of recommendation can be made.
Where a claim or appeal is heard by the EAT under the Unfair Dismissals Acts, the Tribunal will issue a determination. There is a right of appeal by either party to the Circuit Court from a determination of the Tribunal.
The statutory time limits for appealing the recommendation of a Rights Commissioner to the EAT are provided for in the Unfair Dismissal Acts and the EAT does not have any discretion to extend these time limits in any circumstances.
I am fully aware of the specific issues and circumstances surrounding your constituent’s complaint. Having made enquiries into this matter, I understand that Officials within my Department have conducted a thorough scrutiny of the facts in relation to this case and letters have issued, in both November 2011 and February 2012, in respect of earlier complaints made by your constituent in relation to this matter. I am informed that there has been no change in facts of this case since then. Notwithstanding the foregoing, I have addressed the specific issues concerning your constituent’s present complaint in my reply which will issue to you in response to the representations you have made on his behalf in relation to the matter (Ref: 121035/MIN refers).
As you may be aware, I am currently undertaking a root and branch reform of the existing Workplace Relations Bodies. The Reform Programme I have commenced will deliver a two tier Workplace Relations structure by merging the activities of the Labour Relations Commission, the National Employment Rights Authority, the Equality Tribunal and the first instance functions of the EAT and the Labour Court into a 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.
My objective is to establish a world-class Workplace Relations Service. The Workplace Relations Bill which I hope to publish in early 2013 will contain provisions in respect of the relevant procedures for appeals along the lines already outlined in the policy document ‘Legislating for a Worldclass Workplace Relations Service’ and also in my presentation before the joint Oireachtas Committee on Jobs Enterprise and Innovation last July. I intend proposing to the Oireachtas that all first instance complaints requiring adjudication will be heard by the Adjudication Officers of the new Workplace Relations Commission and any subsequent appeals will be heard by the Labour Court as a full fresh appeal. The Labour Court will act as a court of final appeal for all adjudication decisions of the Workplace Relations Commission, subject to the right of either party to bring a further appeal from a determination of the Labour Court to the High Court on a point of law only.
The WRC will have statutory jurisdiction for facilitating the resolution of disputes under employment, equality and industrial relations legislation, in accordance with best practice and in compliance with international human rights standards. To ensure that the WRC delivers its services to the highest standards, the Director will be supported by a Registration Service with a suitably qualified and experienced lawyer as Registrar. It is envisaged that such a Registration Service would be responsible for the receipt, validation and processing of all employment related complaints and the coordination, management and referral of those cases to Hearing. For example, the Registration Service will check complaints on receipt and reject or redirect incomplete complaints, complaints which are out of time or which are grounded incorrectly. The Registration Service will have responsibility for steering each case through the system and ensuring it is dealt with efficiently and effectively.
In this regard, I am happy to report that substantial progress has been made to date and a number of important priority actions have been successfully delivered within the target timescale which will ensure that all employment related complaints are dealt with effectively, efficiently and in a timely manner, including:-
- the introduction of a new single contact portal called “Workplace Relations Customer Services” (for information provisions and complaints receipt and registration) which has replaced the five separate entry points, and
- a Single Complaint Form that deals with 100 first instance complaints has replaced the 30 forms previously in use.
I fully expect the work that I have initiated with regard to the reform of the Workplace Relations Bodies to significantly improve the quality of service to users and I am confident that all employment related complaints will be dealt with in an effective, efficient and timely manner under the new structures.
