Dáil Éireann Debate, Tuesday - 22 March 2022
105. Deputy Claire Kerrane asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps that can be taken in cases in which a State funded organisation (details supplied) ignores a recommendation from the Workplace Relations Commission given that the organisation relies on the State for funding; and if he will make a statement on the matter. [14256/22]
View answerAt the outset, I would point out that the funding of any State funded organisation is a matter for the Minister with policy responsibility for the area in question.
Regarding enforcement of recommendations from the Workplace Relations Commission; it is well established that the system of industrial relations in Ireland is essentially voluntary in nature.
A complaint may be submitted for adjudication under the Industrial Relations legislation, where a “trade dispute” (other than a dispute connected with rates of pay, or hours or times of work or annual holidays of, a body of workers) exists.
The procedure followed in investigating a trade dispute by an Adjudication Officer is substantially different to that used in cases involving legal rights and results in a “Recommendation” rather than a “Decision” from the Adjudication Officer.
“Its recommendation has no strictly legal effect but rather relies upon the moral authority of the expert statutory body from which it emanates. It does not give rise to justiciable rights such as would permit the applicants to seek judicial review” – (Noonan J in Mullally and ors v Labour Court [2015] IEHC 351)
Therefore, the state cannot compel a party to comply with a “recommendation” issuing from the WRC.
While I would strongly encourage the parties to comply with the recommendation of the WRC, the ultimate responsibility for the resolution of industrial disputes between employers and workers, rests with the employer, the workers and their representatives.
