Dáil Éireann Debate, Tuesday - 24 April 2012
365 Deputy Jonathan O’Brien asked the Minister for Jobs, Enterprise and Innovation in view of his proposal to amalgamate employment rights bodies, if he intends to address the unique feature of employment equality cases; if he will make reference to rights enforcement or the concept of anti-discrimination; if he will address the unique investigative nature of employment equality hearings. [20458/12]
Amharc ar fhreagraWhen I came into office last year I identified that people wishing to vindicate their equality and employment rights in the workplace were experiencing serious problems including long delays in having their complaints adjudicated. The problems had been well documented and the issues had been extensively reviewed over many years. The system was so complex that even practitioners had difficulty understanding and accessing it. There were, and in some cases still are, long delays scheduling hearings and further delays in issuing decisions. I did not believe that this was an acceptable level of service.
I have commenced a reform process to address these issues. I am committed to delivering world-class workplace relations service to deal with equality and employment related issues. This reform will bring about major improvements while at the same time incorporating the best practice elements of existing dispute resolution bodies including the Equality Tribunal. My aim is to provide a simple, independent, effective, impartial, cost effective and workable means of redress and enforcement, within a reasonable period of time.
I intend to establish a new body of Body of First Instance, to be called the Workplace Relations Commission (WRC). The WRC will have a considerable role in promoting good workplace practices through the proactive provision of information and advice. It will also provide an adjudication service for workplace equality complaints.
The promotion of equality in the workplace is currently a matter for the Equality Authority and will be a matter for the Irish Human Rights and Equality Commission when the Equality Authority is merged with the Human Rights Commission. The WRC will cooperate with the Human Rights and Equality Commission in relation to the promotion of good workplace practices.
The main aims of my reform proposals are to increase compliance with employment and equality law, reduce disputes and, where they do arise, provide a just, fair and efficient adjudication service. This Adjudication Service will be provided by independent, professional and impartial decision makers with a target period of three months from the time of complaint to hearing, and written, reasoned decisions within 28 working days of the hearing, in the vast majority of cases. Decisions will be published. This will be a major improvement for complainants and respondents over the existing system.
On establishment of the WRC, its Adjudicators will be drawn from the existing serving officers within the workplace relations services. The skills and experience of the Equality Mediation/Adjudication Officers and of the existing panel of Rights Commissioners will be utilised. This will ensure that the body of expertise and knowledge built up by these bodies and officers will be brought to bear on the new service.
A common standard of practice, compatible with the intended objective of providing a speedy, inexpensive and relatively informal means for dispute resolution will be adopted for WRC hearings. All hearings will be required to comply with the principles of natural and constitutional justice. Therefore, while hearings of the WRC will not follow strict rules similar to courts of law, fair procedures should be followed.
The aim will be to deliver a high standard in adjudication while ensuring that the statutory independence of WRC Adjudicators in their decision-making on complaints is not compromised.
The website, www.workplacerelations.ie, will contain all information, legislation and forms for making an employment or equality complaint or appeal. It will also publish all precedent decisions. Periodic reviews of decided cases will be undertaken and these will be categorised and made publicly available. This will be of benefit to those considering making a complaint or who have had a complaint made against them and to those providing information to employers and employees.
I am firmly of the view that the reforms I am proposing will be of considerable benefit to ensuring compliance with employment and equality law and where complaints are made they will be dealt with in a timely fair and consistent manner.
366 Deputy Jonathan O’Brien asked the Minister for Jobs, Enterprise and Innovation his views on whether introducing a fee €50 for anyone making a complaint under employment rights legislation which will be a huge deterrent to many groups protected under equality legislation. [20459/12]
Amharc ar fhreagraI am considering the issue of whether a fee for making a complaint or appeal to the new Workplace Relations bodies, which will be established as part of the reform process, should be introduced. However, I have made no decision in this regard yet. I recently published a Blueprint which sets out, in considerable detail, how reform of the workplace relations structures and processes will be achieved. The document also provides a further opportunity for interested parties to contribute comments and feedback on the future design and operation of the State’s workplace relations structures including whether or not a charge should be introduced.
I indicated in the Blueprint that any fee introduced would be a modest administration fee somewhere in the region of €50. It would be configured in such a way as to encourage early resolution. For example one possibility would be that no fee would apply for the Early Resolution Service with the fee only being charged when a case progresses to a hearing. In addition any fee would likely take into account the considerable additional cost incurred by the state associated with the processing of paper based complaint forms. Therefore the fee may only apply to paper based complaints with a lesser or no fee applying to complaints submitted and processed online.
It is certainly not my intention that any fee introduced would deter individuals from vindicating their rights under equality or employment legislation. I am open, as part of the consultation process on the Blueprint document, to constructive suggestions and advice from all interested parties in relation my reform proposals including the issue of charging a fee.
