When 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.