Dáil Éireann Debate, Wednesday - 17 September 2014
413. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if the decision to conduct Workplace Relation Commission mediation and adjudication hearings otherwise than in public is in contravention of Article 47 of the Charter of Fundamental Rights of the European Union which states that everyone has a right to a fair and public hearing. [34409/14]
View answerThe aim of the Workplace Relations Bill is to create a modern, user-friendly, world-class employment workplace relations system that will provide significant benefits for its users and society as a whole. The focus will be on resolving the workplace disputes as quickly and inexpensively as possible.
The legislation makes provision for the establishment of a range of services (including mediation) to facilitate the resolution of employment rights disputes where possible at an early stage and without recourse to adjudication. Mediation is a voluntary, confidential process that allows two or more disputing parties to resolve their conflict in a mutually agreeable way with the help of a neutral third party, a mediator. The mediation service provided by the Workplace Relations Commission (WRC) will be akin to the mediation service which is currently provided by the Equality Tribunal under equality legislation. Should mediation yield a compromise or settlement between the parties or a withdrawal of the complaint, the outcome will be confidential to the parties. Likewise, if the mediation is unsuccessful, anything divulged by the parties in the process cannot be used subsequently in the adjudication or inspection process. Given the confidential nature of the mediation process, the decision to conduct WRC mediation otherwise than in public, is not in contravention with Article 47 of the Charter of Fundamental Rights of the European Union.
Where employment rights complaints cannot be resolved at local level or with the assistance of the WRC dispute resolution services, parties will have access to a professional and trusted adjudication service. My objective is to ensure that stakeholders have confidence that cases dealt with by the Adjudication Service of the WRC will be heard in a fair and transparent manner in accordance with the law and that the principles of natural justice apply. The Workplace Relations Bill makes provision for the replacement of the existing complex system of five different bodies with a straightforward two-tier system for the adjudication of employment rights disputes. The WRC Adjudication Service will deal with all disputes of right in the first instance and the Labour Court will deal with all such cases on appeal.
Private hearings are not contrary to the Charter of Fundamental Rights of the European Union. The vast majority of employees and employers do not want the details of their relationship, or the personal details which may arise in the course of a hearing, aired in public. There does not appear to be any great demand for public hearings from employers or employees. Currently, for example, all Labour Court hearings are held in private. However, parties may request public hearings under certain Acts.
As regards the right under the Charter of Fundamental Rights of the EU to have one’s rights determined in public, either party will be able to appeal a WRC decision to the Labour Court. This appeal hearing will be in public. That – and the fact that the WRC and Labour Court will be subject to the supervision of the High Court by way of Judicial Review – means that the requirements of the Charter are satisfied. This view is supported by the Attorney General.
Having given due consideration to the State’s obligations under Article 47 of the Charter of Fundamental Rights, and the relevant case law of the European Court of Human Rights, and bearing in mind in particular the unique nature of the employment relationship, the Bill provides expressly that employment rights and equality complaints should be heard in private at first instance. Appeals to the Labour Court will be heard in public, thus ensuring compliance with the requirements of Article 47 of the Charter of Fundamental Rights. Disputes of interest will continue to be heard in private (both at first instance and on appeal).
