Dáil Éireann Debate, Wednesday - 30 September 2015
95. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation his views on very lengthy delays between the lodging of complaints with the Equality Tribunal and those complaints going forward to mediation and hearing; and if he will make a statement on the matter. [33577/15]
View answerThe Equality Tribunal is independent in the exercise of its quasi-judicial functions and I have no direct involvement in its day to day operations. The Equality Tribunal has jurisdiction to investigate and decide upon complaints of discrimination under the Employment Equality Acts, the Equal Status Acts and the Pensions Acts. The Equality Tribunal also provides a statutory mediation service.
I am informed that the average waiting time for a hearing of a complaint under the Employment Equality Acts is currently approx. 12 months. However, in cases where the complainant and respondent opt for mediation, a mediation hearing is arranged within approx. twelve weeks of the initial lodgement of the complaint.
The Equality Tribunal has recently been endeavouring to put measures in place in order to reduce the current waiting time for a hearing. These measures include the training and appointment of a number of Rights Commissioners and persons from the external panel of WRC Adjudication Officers as temporary Equality Officers. These measures have resulted in the reduction of the waiting time for a hearing in equality cases from 22 months in May, 2015 to 12 months at end September, 2015.
Notwithstanding the efforts of the Equality Tribunal to reduce backlogs and waiting times for hearings, I believe the delays that users of the service are experiencing are unacceptable. This is one of the reasons why I am implementing 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.
From 1 October, 2015, a new two-tier Workplace Relations structure will be established comprising two statutorily independent bodies replacing the current five (i.e. the Employment Appeals Tribunal, the National Employment Rights Authority, the Equality Tribunal, the Labour Relations Commission and the Labour Court). We will have 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.
This Act will also result in the establishment of new structures for the resolution and adjudication of complaints and disputes across the entire corpus of employment rights and equality legislation. The aim of the Act 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.
Mediation will be offered to facilitate resolution of complaints where possible at an early stage and without recourse to adjudication. Mediation will be offered only where all parties have indicated their willingness to participate in the mediation process and where acceptance by the relevant parties is received. In such circumstances, it is anticipated that the time frame to reach mediation will be three weeks.
The WRC Adjudication Officers will comprise a diverse panel of adjudicators which will include experienced industrial relations and HR practitioners, employment lawyers and civil servants with appropriate skills/qualifications. This will include the current cohort of Rights Commissioners and Equality Officers along with an externally recruited panel of suitably qualified and experienced persons. The 19 Adjudication Officers, selected for appointment following an open competition conducted by the Public Appointments Service in December last year, have undergone intensive training and are now available for assignment. These Adjudicators, together with the pre-Establishment Day cohort of Equality Officers and Rights Commissioners who have been appointed as WRC adjudicators, will be working to provide efficient and effective adjudication on complaints and disputes.
It is anticipated that the waiting time for a hearing under the equality legislation will be reduced by a further three months by the end of 2015.
