Under the Industrial Relations Acts, 1946 to 1990, the Labour Relations Commission and the Labour Court can only investigate an industrial dispute if the employees involved are covered by the definition of "worker" in the Industrial Relations Act, 1990, and the dispute is a "trade dispute" as defined in the Industrial Relations Act, 1946. On the basis of legal advice available to my Department, a person whose contract of employment has been terminated by retirement is no longer a "worker" for the purpose of the Industrial Relations Acts. Furthermore, a dispute concerning pension arrangements is only considered to be a "trade dispute", within the meaning of the 1946 Act, while a person is still employed; it ceases to be such when the person retires.
The Pensions Act, 1990, as amended, contains provisions for the proper administration of occupational pension schemes and the protection of the rights of members of such schemes. If a member of a scheme is concerned that the trustees of that scheme have not complied with a provision of the Pensions Act, he or she may complain to the Pensions Board. The board has extensive powers of investigation and other powers under the Act. The Act provides for penalties where a person is found not to have carried out his/her duties under the Act.
The Minister for Social, Community and Family Affairs has asked the Pensions Board, during its current term of office, to report to him on the issue of a pensions ombudsman. The matter will be considered by the Minister for Social, Community and Family Affairs, in due course, in the light of that report.
In the circumstances, I do not consider it would be appropriate to amend the Industrial Relations Acts to give pensioners general access to the Labour Court and the Labour Relations Commission in relation to pension grievances.
