I propose to take Questions Nos. 71 and 72 together.
The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services.
The WRC is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day-to-day operations. However, I am informed that the WRC has scheduled 1,601 hearings from 6 April to 22nd June 2021. Out of this number, under 20% have been adjourned due to the adjudication officer concluding that it is necessary to adjourn to facilitate an oath/affirmation to be administered.
There are a range of outcomes that may arise when hearings are scheduled; they may be postponed prior to the hearing date, the hearing completed, the issues case managed to reduce the matters to be dealt with if adjourned, they may be part-heard requiring them to be rescheduled at a later date, they may settle prior to, or during the hearing, leading to the withdrawal of complaints. The WRC is scheduling more cases each week than pre-Covid as it moves to proactively address any build-up of cases arising from the pandemic and the Supreme Court judgment which requires the introduction of legislation. The WRC continues to encourage parties to avail of its Mediation services.
Following delivery of the judgment of the Supreme Court in the Zalewski case and the consequential orders made on 15 April 2021, a number of changes were required to procedures at the WRC. The WRC has set out the revised procedures in its website notice on the Supreme Court judgment. My Department has received approval of the Government for priority drafting of necessary amendments to the Workplace Relations Act 2015, and other related Acts, to remedy the aspects of the Act that were found to be incompatible with the Constitution. The amendments concern the principle that justice is to be administered in public and the statutory administration of an oath with an offence of perjury for giving of false evidence. Government has approved publication and the Bill is being moved through the Houses in the coming weeks. It is expected that it will be enacted in July.
