Dáil Éireann Debate, Wednesday - 1 March 2017
310. Deputy Jackie Cahill asked the Minister for Jobs, Enterprise and Innovation her views on granting negotiation rights and access to the Workplace Relations Commission and the Labour Court for public sector pensioners; and if she will make a statement on the matter. [10646/17]
Amharc ar fhreagraAccess to the industrial relations machinery of the State is governed by the definition of “worker” in Section 23 of the Industrial Relations Act 1990, which provides, inter alia, that a “worker” means any person aged 15 years or more who has entered into or works under a contract with an employer.
In addition, Section 3 of the Industrial Relations Act 1946 provides that a dispute between a worker and an employer only arises if it is connected with the employment, non-employment or the terms of the employment or with the conditions of employment of any person.
Legal advice received by the Labour Court on a number of occasions suggests that a person who is retired cannot be regarded as a worker and cannot be party to a trade dispute capable of investigation by the Court. Where a person is retired they cannot have a dispute concerning their employment or non-employment. The Court is, however, entitled to investigate a matter which arose prior to an individual’s retirement and which was referred to the Labour Relations Commission or Labour Court prior to the individual’s retirement.
Access of individual former employees to the industrial relations machinery of the State under the Industrial Relations Acts, where they have not referred their claim prior to their retirement, was extended by the Industrial Relations (Amendment) Act 2015. This was done by means of an amendment to Section 26 of the Industrial Relations Act 1990. Such access is limited to 6 months from the date employment ceased. This may be extended to a further 6 months if reasonable cause is shown.
