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Employment Rights

Dáil Éireann Debate, Wednesday - 6 June 2012

Wednesday, 6 June 2012

Ceisteanna (285)

Seán Kyne

Ceist:

275 Deputy Seán Kyne asked the Minister for Jobs, Enterprise and Innovation while recognising the very positive measures contained in the proposals to create a world-class Workplace Relations Service, whether the absence of legal advice or representation for claimants might mitigate against the principles of fairness, balance and equality which ought to underpin such a service. [26148/12]

Amharc ar fhreagra

Freagraí scríofa

The position in relation to legal advice or representation for complainants will not be changed in any way on foot of the reform.

The Workplace Relations Commission (WRC) will, among other matters, incorporate the proactive information functions, currently discharged by the National Employment Rights Authority (NERA), in relation to informing employers and employees in respect of employment rights and responsibilities with a particular emphasis on complying with employment law and avoiding and resolving disputes.

As is currently the case the provision of such information will not extend to the merits or otherwise of individual complaints or cases. It would not be appropriate for a body which also has an adjudicative role to provide advice to individual complainants.

The Equality Authority (and its proposed successor the Irish Human Rights and Equality Commission) will continue to provide advice and advocacy to individuals in relation to equality matters.

The position in relation to representation at hearings of the WRC and Labour Court will be in line with existing arrangements and provisions insofar as the Rights Commissioners, Equality Tribunal, Employment Appeals Tribunal and Labour Court are concerned in that parties will be free to represent themselves or be represented by a person of their choosing.

My aim is to ensure that hearings are conducted in a fair and balanced manner to the highest standards.

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