Dáil Éireann Debate, Tuesday - 3 July 2018
261. Deputy Willie Penrose asked the Minister for Business, Enterprise and Innovation the various avenues or mechanisms available to a person who has received a partial recommendation from the rights commissioner under the auspices of the Labour Relations Commission (details supplied); and if she will make a statement on the matter. [29408/18]
View answerThe Workplace Relations Commission (WRC) was established on 1 October 2015 under the Workplace Relations Act 2015. It assumes the roles and functions previously carried out by the Labour Relations Commission, the Rights Commissioners Service, the National Employment Rights Authority, the Equality Tribunal, and the first-instance functions of the Employment Appeals Tribunal.
It would appear from the information provided by the Deputy that the recommendation referred to came about as a result of a complaint referred to the Rights Commissioner Service of the Labour Relations Commission, under the Industrial Relations Acts 1946 to 2015 and prior to the establishment of the WRC.
I understand that the complaint was heard by the Rights Commissioner Service in 2015 and that a recommendation on the matter was issued by the Rights Commissioner earlier this year. In accordance with section 13(9) of the Industrial Relations Act 1969, it is open to either party to the dispute to appeal the recommendation to the Labour Court.
However, I should point out that Ireland’s system of Industrial Relations is essentially voluntary in nature and therefore under the Industrial Relations Acts, recommendations of a Rights Commissioner, or a decision of the Labour Court on appeal, if this was sought, are not binding on the parties involved.
It follows that there is no statutory mechanism for the enforcement of such recommendations under the Industrial Relations Acts 1946 to 2015 although there is an expectation that the parties to the dispute would respect the process put in place by the State to resolve disputes in the workplace. In this instance, I can only advise that the matter should be taken up directly with the employer in question.
