The Workplace Relations Commission (WRC) and the Labour Court are offices under the aegis of my Department. Both the WRC and the Labour Court are statutorily independent in the exercise of their quasi-judicial functions and I as Minister cannot intervene when they exercise those functions.
In common with the Courts Service and other quasi-judicial bodies the offices of the WRC and Labour Court, currently remain open and operational during level 3 restrictions.
However, in light of the decision to move the country to Level 5 from midnight on Wednesday 21st, the WRC and Labour Court must now consider if it is appropriate to postpone all in person hearings for the period of Level 5.
In this scenario, it is expected that a virtual alternative will be offered in all instances, in so far as possible, where a hearing has been scheduled during the period of level 5 restrictions.
Thus far, in circumstances where parties have been unable to attend in person, where such a hearing is proffered, the WRC is in a position to offer remote hearings to parties where the matters may be disposed of virtually. The Labour Court also schedules hearings for a virtual Court room wherever possible.
While it is desirable that hearings which can be heard in a virtual Court room are conducted through that medium, cases may be assigned to a physical Court room when necessary for practical or fair procedure reasons.
Where hearings are held in a physical Court room, both the WRC and Labour Court provide for social distancing at all times, the wearing of face masks, strict movement protocols within the building, strict entry and exit protocols, comprehensive signage including directional signage, strict recording of attendee identity and contact details, personal sanitisation facilities and Court room sanitisation following hearings and during breaks in proceedings.
Both the WRC and the Labour Court will continue to provide their services in line with public health guidelines.