Dáil Éireann Debate, Tuesday - 8 May 2012
203 Deputy Colm Keaveney asked the Minister for Jobs, Enterprise and Innovation in view of the fact that the State has involved itself in a dispute (details supplied) since 1 March 2010 when can workers affected expect the employment appeals tribunal to listen to this case. [23045/12]
Amharc ar fhreagraI am taking it that this question refers to both the Labour Court case (details supplied) and also to the cases involving this company currently before the Employment Appeals Tribunal (EAT)
Cases, such as this, that have been referred to the Labour Court do not have an appeal route to the EAT. The Labour Court conducts hearings on trade disputes, as in this case, and issues recommendations setting out its opinion on the dispute and the terms on which it should be settled. The Labour Court is a court of last resort in the industrial relations process, and it is expected that the parties come to the process in good faith and consequently are prepared to give serious consideration to the Court's recommendation. The system of industrial relations in Ireland is essentially voluntary in nature and recommendations of the Labour Court are not legally binding. Neither the Labour Court, nor I, can compel a company to comply with such recommendations. Ultimately, responsibility for the settlement of a trade dispute rests with the parties to the dispute. The Employment Appeals Tribunal (EAT) is an independent body under the aegis of my Department. As an independent body, I have no role in the day-to-day operation of the EAT.
I am advised however that, in respect of this company that the Tribunal will make arrangements to keep those cases of a similar date of lodgement and type for hearing together at the same Division of the EAT in Co. Offaly. It is anticipated that the unfair dismissal cases will be listed in the next available slot when the Tribunal is sitting in Co. Offaly. Having regard to the existing advance case list for the Tribunal, this Division is likely to be held in early September. I understand that there are also a number of appeals by the employer against the recommendation of the Rights Commissioner under the Payment of Wages and Terms of Employment (Information) Acts. These were submitted in February 2012 and they will be listed together for hearing. All appeals are listed for hearing in accordance with their date of lodgement with the Tribunal. The current waiting time for a hearing outside Dublin is approx. 80 weeks.
