asked the Minister for Labour if he has yet considered the memorandum from the Irish Congress of Trade Unions calling for changes in the Employment Appeals Tribunal; if any changes are now planned in the operation of the tribunal; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Employment Appeals Tribunal.
10.
I have had discussions with ICTU recently on a range of issues including their proposals for changes in the operation of the Employment Appeals Tribunal. It would be my intention that any such changes should be considered in the context of the wider review of industrial relations structures which is at present under discussion with the social partners.
Surely the Minister is aware of the dissatisfaction which exists in regard to the operation of the Employment Appeals Tribunal and of the long delays, especially in relation to unfair dismissals cases? Instead of waiting for the outcome of discussions which may take some considerable time, does the Minister not agree that steps should be taken to implement some of the recommendations in the submissions made to him particularly in regard to the numbers of staff dealing with cases and the question of a full time chairperson for the tribunal?
I am not aware of dissatisfaction now with the operation of the Employment Appeals Tribunal. There were delays in 1985 but I took action, with the co-operation of the Minister of State, Deputy Birmingham, to augment the staff, to make additional resources available, to ensure that there would be more regular hearings and that the backup service in relation to the transmission of decisions and judgments would be made available as quickly as possible. I am pleased to say that the situation to which the Deputy referred no longer exists. We are now effectively down to the minimum period of time, approximately five weeks, between going to the tribunal and receiving a final decision.
Does the Minister agree that many of the delays are due to the fact that some employers appeal to higher courts? Has the Minister given any consideration to that aspect of the matter?
The question of reforming the legislation governing the operation of the Employment Appeals Tribunal is a matter that will be taken into account in the general reform of the structures which govern industrial relations here. That is one of the factors about which I have received representations from individual trade unions and Congress regarding the right of appeal to another court after the tribunal have made a decision in relation to the facts of a case.
How many deputy chairmen are employed by the tribunal? I should also like the Minister to say whether there have been any recent appointments or re-appointments.
I recently appointed a new chairman and reappointed a number of the existing outgoing vice-chairmen as well as a new vice-chairman. I do not have all the information but I will send it to the Deputy.
Were all the outgoing vice-chairmen re-appointed?
No.
Were there any reasons for that?
The Deputy might be able to divine the reasons why people were not reappointed.
Are the appointments recently made ministerial appointments? I raised the matter of unfair dismissals in the House last year and I am greatful that the Minister put extra staff into that section. Does the Minister agree that many of the cases relating to unfair dismissals have no hope of succeeding and that the tribunal is being used just to get people off the backs of others? The statistics showing the amount of people who fail in their appeals raised the question why they were sent there in the first place. Could the Minister look into this area?
I am prepared to look at the point which the Deputy has raised.