Clare Daly
Question:127. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation the steps he intends to take to ensure that decisions made by the State's industrial relations machinery are upheld. [18597/13]
View answerTuesday, 23 April 2013
Questions (127)
Written answers
The system of industrial relations in Ireland is essentially voluntarist in nature with the terms and conditions of employment of workers being determined in the main by a process of voluntary negotiation and agreement without the direct intervention of the State. In general, Irish law does not try to impose a solution on parties to an industrial relations dispute, but rather is designed to help support the parties in resolving their differences. Employer and trade union interests have remained committed to this approach in the interest of the harmonious conduct of industrial relations for more than half a century. The State takes a supportive role, by providing a framework and institutions through which good industrial relations can prosper, rather than an interventionist one. Institutions such as the Labour Relations Commission and the Labour Court were established to assist in the resolution of disputes between employers and workers.
The experience and expertise of the State's industrial relations machinery offers the best avenue for resolving issues in dispute. In this context, it is expected that the parties to a dispute come to the process in good faith and consequently are prepared to give serious consideration to the decisions or recommendations made. Recommendations of the Labour Court are not legally binding. Neither the Labour Court, not I, can compel a company or its employees to comply with such a recommendation. Ultimately, responsibility for the settlement of a trade dispute rests with the parties involved. I have no plans to make any changes to Industrial Relations Acts which would compel either party to a dispute to accept a Labour Court recommendation in disputes referred under those Acts.
With regard to employment rights legislation, I currently have discretion to pursue enforcement proceedings on behalf of claimants under certain employment rights enactments. This role is carried out by the National Employment Rights Authority (NERA) on my behalf. Alternatively, individual claimants can take enforcement proceedings themselves or through their trade union. In order to have credibility, a system of employment rights adjudication must be backed up by an efficient and effective enforcement regime. Therefore, there is a need for a robust method of enforcement of awards.
As you may be aware, I have commenced a root and branch reform of the State’s Workplace Relations Services. The reforms which I propose to introduce will include improved measures to secure the enforcement of awards made by the State's Workplace Relations adjudication bodies. The Scheme of the Workplace Relations Bill, which will give legislative effect to the new Workplace Relations structures, has been approved by Government for priority drafting and I hope to publish this Bill during 2013. As part of this Reform Programme, I propose to put in place a more robust method of enforcement of awards. It is proposed that there will be an Enforcement Section within the new structures that will implement the revised enforcement system, where the District Court will have considerable enforcement powers in relation to decisions of Adjudication Officers of the WRC and determinations of the Labour Court.
I am confident that the measures which I propose to introduce in the Workplace Relations Bill will provide a legislative basis to facilitate the more effective enforcement of awards made under the reformed Workplace Relations adjudication structures.