Dáil Éireann Debate, Wednesday - 30 April 2014
255. Deputy Joe Higgins asked the Minister for Jobs, Enterprise and Innovation the average current waiting time for a person to have his or her case for unfair dismissal heard by the Employment Appeals Tribunal or the rights commissioner. [18765/14]
View answerThe Employment Appeals Tribunal and the Rights Commissioner Service are independent in the exercise of their quasi-judicial functions and I have no direct involvement in their day to day operations. In terms of Rights Commissioners, at the end of 2013, an offer of a first hearing for a referral under the Unfair Dismissals Acts to the Rights Commissioner Service was generally made in the region of 8-12 weeks, inclusive of the statutory 3 week ‘holding’ provided for in legislation. This is still the position in 2014.
I believe that more can be done and is being done to reduce waiting times. An Early Resolution Service was introduced by the Labour Relations Commission on a pilot basis in mid-2012 to provide parties in dispute with an early opportunity of resolving their issues with the help of a Case Resolution Officer (CRO). If the case remains unresolved following the intervention of the CRO, it is scheduled for hearing within four weeks of it being returned to the Rights Commissioner Service. 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.
I am informed that at the end of March the waiting period for a hearing, including unfair dismissals, from the date of application was 61 weeks for Dublin and an average of 70 weeks for the rest of the country. The Tribunal conducts hearings in about 29 locations around the country. Where the number of cases is relatively small, the Tribunal may wait until a sufficient number of cases are on hand to make a visit worthwhile. In such areas, 5 days of Hearings may reduce the “waiting time” in the area concerned by 30 to 40 weeks. As such the waiting times fluctuate on an ongoing basis. I understand that the Tribunal targets those areas with the longest waiting period and highest level of claims outstanding; within the resources it has currently available. The Tribunal has been pro-active in driving efficiencies. Divisions of the Tribunal are sitting longer, hearing more cases per hearing and seeking to manage the caseload to maximise efficiency. As part of the drive for efficiencies, the Tribunal streams cases that are envisaged to be more straight-forward.
I am also undertaking a root and branch reform of all five Workplace Relations Bodies. My objective is to deliver a world-class workplace relations service which is simple to use, independent, effective, impartial, cost effective and provides for workable means of redress and enforcement, within a reasonable period of time. A new two-tier Workplace Relations structure will be established comprising two statutorily independent bodies replacing the current five. This will comprise of a new single body of first instance to be called the Workplace Relations Commission (WRC) 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 preparation of the legislation which will give effect to the new workplace relations structures is at an advanced stage. My intention is to publish the Workplace Relations Bill during the Spring/Summer Dáil session 2014 with a view to having the new structures in place during 2014.
