I propose to take Questions Nos. 45 and 46 together.
Without specific examples of the issues involved I can only respond in general terms setting out the processes in place for dealing with grievances arising under employment and equality law and industrial relations.
Under the Workplace Relations Act 2015 (the 2015 Act) a new two-tier workplace relations structure to replace the previously existing five workplace relations bodies was established. A new single body of first instance called the Workplace Relations Commission (WRC) was created from 1 October 2015 and a separate appeals body, which is effectively an expanded Labour Court.
The WRC incorporates the functions of the Labour Relations Commission (including the Rights Commissioner Service), the Equality Tribunal, the Employment Appeals Tribunal (first instance jurisdiction only), and the National Employment Rights Authority (NERA). The Labour Court is now the sole appellate body for disputes under employment rights enactments.
The 2015 Act sets out in the Schedules to that Act a comprehensive list of the employment and equality legislation that the WRC is statutorily entitled to operate under. There is a broad suite of employment rights and equality legislation in place and complainants can make a complaint to the WRC under the various enactments for adjudication. The Act allows that either party may appeal a decision of an Adjudication Officer of the WRC to the Labour Court.
Adjudication Officers of the WRC are statutorily independent in exercising their decision making functions under the extensive suite of employment and equality legislation but will of course be subject to the underlying provisions and any limitations imposed by the specific legislation. For instance, under Unfair Dismissals legislation, an employee must, as a general rule, be employed for a year with the particular employer before a claim can be taken under that legislation. Should an individual seek a remedy under legislation that falls outside the remit of the WRC, of course this would fall outside the jurisdiction of an adjudication officer of the WRC.
In terms of industrial relations legislation, a dispute as defined in the Industrial Relations Acts may also be referred to the WRC under Section 13 of the Industrial Relations Act 1969. This is subject to both parties being agreeable to the case being heard by the WRC. In such event, the complaint will be investigated by an Adjudication Officer of the WRC and a recommendation will issue to the parties. However, if the respondent objects to the Adjudication Officer investigating the complaint, s/he cannot investigate the matter and the complaint can then be referred to the Labour Court under Section 20(1) of the Industrial Relations Act 1969 for investigation. An appeal against a recommendation of an Adjudication Officer under the Industrial Relations legislation must be made within six weeks of the making of the recommendation.
I should point out to the Deputy that the WRC and the Labour Court are independent in the exercise of their quasi-judicial functions.
As Minister, I am satisfied that the major reforms to the workplace relations structures put in place in 2015 has resulted in a robust and comprehensive system that allows for those with employment related grievances to seek and obtain redress in an expeditious manner.
