Thursday, 26 September 2019

Questions (113)

Fergus O'Dowd


113. Deputy Fergus O'Dowd asked the Minister for Business, Enterprise and Innovation the steps available to parents if they are unhappy or disagree with a decision of the Workplace Relations Commission in respect of a case relating to their child in view of the fact the WRC is outside the remit of the Ombudsman for Children; and if she will make a statement on the matter. [39112/19]

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Written answers (Question to Business)

The Workplace Relations Commission (WRC) is an independent statutory office under the aegis of my Department. The WRC is mandated to secure compliance with Ireland’s employment, equality and industrial relations legislation. As part of its statutory functions, the WRC adjudicates on cases under employment rights, industrial relations and equal status legislation. If a party is dissatisfied with a decision of an adjudication officer of the WRC, then that decision may be appealed to either the Labour Court or the Circuit Court depending on the enactment.

The Labour Court hears appeals of WRC adjudication officers' decisions in all disputes arising under industrial relations and employment rights enactments. Such appeals must be notified to the Labour Court no later than 42 days from the date of the decision concerned.

The Circuit Court hears appeals of all decisions by adjudication officers of the WRC under the Equal Status Acts. Such appeals must be made to the Circuit Court within 6 weeks (42 days) of the decision concerned.

The High Court hears appeals only on a point of law of determinations made by the Labour Court under the various employment rights enactments. It is also open to parties to have the WRC and Labour Court’s proceedings judicially reviewed.