James Browne
Question:206. Deputy James Browne asked the Minister for Jobs, Enterprise and Innovation if she will address a matter (details supplied) regarding a clause; and if she will make a statement on the matter. [37809/16]
View answerWednesday, 30 November 2016
Questions (206)
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 of the WRC that the employee’s employer has contravened a provision specified in Part 1 or 2 of Schedule 5 of the Act. Where such a complaint is presented the Director General shall, subject to section 39, refer the complaint for adjudication by an Adjudication Officer.
Section 44 of the Workplace Relations Act 2015 provides that either party may appeal a Decision of an Adjudication Officer to the Labour Court in writing not later than 42 days from the date of the Decision.
The appeal form to the Labour Court may be accessed on www.workplacerelations.ie.
I am informed by the WRC that the wording in the clause provided by the Deputy is not used in any publication from the WRC.