Dáil Éireann Debate, Tuesday - 13 June 2023
441. Deputy Michael Fitzmaurice asked the Minister for Enterprise, Trade and Employment if the WRC is no longer fit for purpose in the Government's eyes; the implication for all employees across all sectors, public and private, especially if they see Government bodies belatedly disrespecting the WRC; and if he will make a statement on the matter. [27466/23]
View answerThe 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. WRC inspectors carry out inspections of employer records with a view to determining compliance with employment rights legislation.
Employment rights adjudication decisions issued by the WRC are legally enforceable. If an Employer or a Respondent fails to carry out a decision of an Adjudication Officer, or a decision of the Labour Court relating to an appeal against a decision of an Adjudication Officer, the Employee or Complainant affected, or his/her trade union, or an excepted body as defined under the Trade Union Act 1941 may apply directly to the District Court for an order directing the Employer or Respondent to comply with that decision.
If the Deputy is referring to Recommendations issued under the Industrial Relations Act 1969, these are not enforceable. The system of Industrial Relations in Ireland is essentially voluntary in nature and a recommendation made by an Adjudication Officer, or the Labour Court is not legally binding.
Therefore, it is not possible to compel a party to comply with a “recommendation” issuing from the WRC.
My Department works closely with the WRC to ensure that it is fully resourced to allow it to effectively carry out its statutory functions. The Workplace Relations Commission has the Government’s full support and backing as it fulfils its important mandate.
