Dáil Éireann Debate, Tuesday - 28 May 2013
318. Deputy Michelle Mulherin asked the Minister for Jobs, Enterprise and Innovation the position regarding a ruling by a rights commissioner of the Labour Relations Commission in favour of a person (details supplied); if there should be further delays in bringing this matter to a conclusion, the steps that can be taken by the claimant to enforce this ruling; and if he will make a statement on the matter. [25152/13]
Amharc ar fhreagraThe Rights Commissioner Service is part of the Labour Relations Commission, a statutory body independent of my Department in the performance of its functions. Once a recommendation is issued by the Rights Commissioner Service that concludes the involvement of the Rights Commissioner Service.
However, I understand in this instance, that a recommendation issued from the Rights Commissioner Service in February 2012. This recommendation would have been accompanied by an Information Sheet outlining the appeals process. An appeal under the Industrial Relations Acts can be made within 6 weeks after the making of the Rights Commissioner decision. There is no record of such an appeal having been made in this case. Such an appeal would have resulted in a recommendation being issued to the parties by the Labour Court. This recommendation however would not have been legally enforceable as such recommendations under the Industrial Relations Acts 1969- 2001 are voluntarist in nature. As there is no legal compellability available to enforce such awards the only avenue open to the claimant is to seek, either herself or through her trade union, to have the award honoured by the employer.
