Labour Court

Dáil Éireann Debate, Tuesday - 19 July 2016

Tuesday, 19 July 2016

Questions (889)

Róisín Shortall

Question:

889. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question Nos. 548 and 549 of 28 June 2016, if she is satisfied that the reply provided by the court does not violate Article 3 of Regulation No. 1182/71 of the EU Council (1971) which determines the rules applicable to periods, dates and time limits, by which EU member states are legally bound (details supplied); if she will instruct the Labour Court to account for its current practice which seems to run counter to this regulation; and if she will make a statement on the matter. [22606/16]

Written answers

Minister of State at the Department of Jobs, Enterprise and Innovation

Section 44(3) of the Workplace Relations Act 2015 provides that an appeal shall be given to the Labour Court not later than 42 days from the date of the decision concerned. The time limit starts to run from the date of the decision and the actual date on the decision counts as part of the 42 day period allowed in which to make an appeal. Section 18(h) of the Interpretation Act 2005 provides for the interpretation of periods of time that are set down in legislation, as follows:

“Periods of time. Where a period of time is expressed to begin on or be reckoned from a particular day, that day shall be deemed to be included in the period and, where a period of time is expressed to end on or be reckoned to a particular day, that day shall be deemed to be included in the period;”

It would not be appropriate for me as Minister to seek to give legal advice in relation to Article 3 of Regulation No 1181/71 of the EU Council (1971). Any approach taken by the Labour Court may be tested by way of Judicial Review, if necessary.