James Browne
Question:205. Deputy James Browne asked the Minister for Jobs, Enterprise and Innovation the decisions of the WRC that are legally enforceable; and if she will make a statement on the matter. [37808/16]
View answerWednesday, 30 November 2016
Questions (205)
Written answers
The Workplace Relations Act 2015 provides for the establishment of a new two-tier workplace relations structure to replace the previously existing five workplace relations bodies. A new single body of first instance called the Workplace Relations Commission (WRC) was created from 1st October 2015 and a separate appeals body, which is effectively an expanded Labour Court.
The WRC incorporates the functions of the Labour Relations Commission (including the Rights Commissioner Service), the Equality Tribunal, the Employment Appeals Tribunal (first instance jurisdiction only), and the National Employment Rights Authority (NERA).
Section 41 of the Workplace Relations Act 2015 provides that an employee, or his/her representative may present a complaint to the Director General that the employee’s employer has contravened a provision specified in Part 1 or 2 of Schedule 5 of the Act. Where such complaint is presented the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer. A party to proceedings under section 41 may appeal a decision of an adjudication officer to the Labour Court.
The employer is required to implement the decision of the adjudication officer within 56 days from the date on which the notice in writing of the decision was given to the parties. In the case of an appeal, the decision of the Labour Court is required to be implemented within the 42 days from the date on which the notice in writing was given to the parties.
In circumstances where an employer fails to implement a decision of an Adjudication Officer of the Workplace Relations Commission, or a decision of the Labour Court arising from an appeal of an Adjudication Officer's decision, within the prescribed time periods, an application may be made to the District Court for an order directing the Employer to carry out the decision.
The application can be made by the following:
- The employee (or legal representative on his/her behalf)
- A Trade Union, with consent of employee, or
- An excepted body of which the employee/complainant is a member.
The Workplace Relations Commission has discretion, having regard to resources, available capacity, cost, and the particular circumstances of a case, to accept a request to make an application to the District Court on behalf of the employee.
Failure to comply with an order of the District Court is a criminal offence under section 51 of the Act. A person found guilty of such an offence, shall be liable on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both.
The enforcement of complaints or disputes which were presented or referred to a Rights Commissioner, the Employment Appeals Tribunal or the Equality Tribunal before 1st October, 2015 are subject to the law which existed before the commencement of the Workplace Relations Act 2015.