Dáil Éireann Debate, Tuesday - 20 March 2018
397. Deputy Donnchadh Ó Laoghaire asked the Minister for Business, Enterprise and Innovation further to Parliamentary Question No. 45 of 16 November 2017, her views on a situation in which a complainant is left without a decision, remedy or route to pursue a grievance through industrial relations mechanisms of the State, with particular reference to a case (details supplied). [12406/18]
Amharc ar fhreagra398. Deputy Donnchadh Ó Laoghaire asked the Minister for Business, Enterprise and Innovation further to Parliamentary Question No. 46 of 16 November 2017, if there are potential defects in the industrial relations mechanisms of the State, including the Workplace Relations Commission and Labour Court, by which a complainant may possibly end up without a decision made on a grievance, with particular reference to a case (details supplied). [12407/18]
Amharc ar fhreagraI propose to take Questions Nos. 397 and 398 together.
As stated in my reply to the Deputy of 16 November 2017, the Workplace Relations Commission (WRC) and the Labour Court are independent in the exercise of their quasi-judicial functions.
Section 13(2) of the Industrial Relations Act 1969 provides a statutory restriction on the types of Industrial Relations cases Adjudicators may hear. They may not investigate disputes connected with rates of pay, hours or times of work or annual holidays of a body of workers. Where the Adjudicator is of the view that the issue being raised is a “collective issue” and s/he has no jurisdiction to adjudicate, this will be brought to the attention of the parties.
Industrial relations disputes relating to the terms and conditions of employment of a body of workers can be referred to the Labour Court by the WRC under Section 26(1) of the Industrial Relations Act, 1946 where both parties agree to the referral. A worker or group of workers may make a unilateral referral of such disputes to the Court under Section 20(1) of the Industrial Relations Act, 1969 where an agreement to refer is not shared between employer and worker(s).
Ultimately, under the Industrial Relations Acts, responsibility for the settlement of a dispute rests with the parties. Recommendations are not binding on the parties.
