Dáil Éireann Debate, Thursday - 7 June 2012
35 Deputy Sandra McLellan asked the Minister for Jobs, Enterprise and Innovation the way he intends to increase compliance rates by employers relating to adjudications by employment rights bodies as part of the Blueprint to Deliver a World-Class Workplace Relations Service. [27317/12]
Amharc ar fhreagraI acknowledge that difficulties have been experienced by some successful claimants before the various employment rights adjudication bodies in enforcing awards made by those bodies.
There are no statistics available by which I can gauge the level of unimplemented determinations of employment rights bodies. The Minister for Jobs, Enterprise and Innovation currently has discretion to pursue enforcement proceedings on behalf of claimants under certain employment rights enactments. This role is carried out by NERA on my behalf. Likewise, the Minister for Justice and Equality has similar discretion under equality legislation and family protective leave enactments. Alternatively, individual claimants can take enforcement proceedings themselves or through their trade union. In cases that NERA has pursued the success rate has been poor.
In order to have credibility a system of employment rights adjudication must be backed up by an efficient and effective enforcement regime. Therefore there is a need for a robust method of enforcement of awards. TheBlueprint document which the Deputy refers to highlighted that fact that there is a general consensus that enforcement is becoming increasingly difficult and ineffective and that a faster, more robust, and cheaper method of enforcement of determinations of the employment rights bodies is required. Respondents to the Blueprint again confirmed the need for an effective and user-friendly system of enforcement of awards under employment legislation.
It is my intention, having considered the difficulties inherent in the current enforcement system and having given due regard to the observations and suggestions of interested parties in both sets of consultations to date, to design and legislate for a revised system for the enforcement of all determinations made under the reformed adjudication structures. I will be outlining my proposals in this regard in the coming weeks in a Policy Paper which is being prepared in order to inform the members of the Joint Oireachtas Committee on Jobs, Social Protection and Education in relation to the Workplace Relations Reform Programme. It is my intention to engage in a dialogue with the Committee so that the views of the Committee can inform the detailed design of the reform and the subsequent drafting of the Workplace Relations Bill that will give statutory effect to the reforms including strengthening of the enforcement of awards.
