Dáil Éireann Debate, Tuesday - 7 February 2017
676. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation to outline the Government policy on whether, under the Workplace Relations Act, 2015, holding employment rights hearings in private complies with current constitutional provisions, which require that justice must be administrated in public; and if she will make a statement on the matter. [5494/17]
Amharc ar fhreagraPrior to the creation of the Workplace Relations Commission (WRC), first instance and employment/equality matters aired before the Rights Commissioner or the Equality Tribunal were heard in private; only the Employment Appeals Tribunal hearings were heard in public.
The issue of whether the first instance hearing should be held in public or private was considered extensively during the two public consultations which the Minister held during 2012 at the beginning of the process to reform the State’s employment rights and industrial relations structures. It was clear from the replies submitted that the vast majority of employees and employers did not want the details of their relationship, or the personal details which may arise in the course of a hearing, aired in public.
Following that consultation, the approach proposed by the Minister and approved by the Oireachtas in the Workplace Relations Act 2015 was that complaints under employment rights and equality legislation are heard in private at first instance by WRC Adjudicators. Appeals in such cases are heard in public by the Labour Court (subject to the Labour Court being able to hear certain cases in private, such as those dealing with sexual harassment or traveller discrimination).
This approach is fully consistent with the interpretation of Article 6 of the European Convention on Human Rights by the European Court of Human Rights which has held that many components of the right to a fair hearing (such as the right to a speedy and expeditious determination of the matter) must be balanced against the right to a public hearing and may, in certain circumstances, justify hearing the matter in private. This is particularly the case, according to the Court, where there is a full rehearing of the matter available to the parties on appeal from the initial private hearing or where judicial review of the adjudicative tribunal is available.
