Dáil Éireann Debate, Tuesday - 14 May 2019
244. Deputy Bríd Smith asked the Minister for Business, Enterprise and Innovation her plans to amend the Industrial Relations Act 1990 to ensure retired workers have representation at State arbitration services, especially in situations in which their pension schemes are affected by decisions taken by negotiations between employers and employees; and if she will make a statement on the matter. [15649/19]
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.
Where a person is retired they cannot have a dispute concerning their employment or non-employment. However, a matter which arose prior to an individual’s retirement and which was referred to the Workplace Relations Commission or Labour Court prior to the individual’s retirement can be investigated.
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.
No case can be referred to the workplace relations bodies that comes within the remit of the Pension Ombudsman. The role of the Pensions Ombudsman is to act by independent and impartial means of resolving complaints alleging financial loss occasioned by an act of maladministration and disputes of fact or law in relation to occupational pensions schemes and Personal Retirement Savings Accounts.
At this time, I have no plans to amend the Industrial Relations legislation in so far as it relates to retired persons.
