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Workplace Relations Commission

Dáil Éireann Debate, Tuesday - 29 June 2021

Tuesday, 29 June 2021

Ceisteanna (73)

Alan Kelly

Ceist:

73. Deputy Alan Kelly asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason hearings of the Workplace Relations Commission are being scheduled when it is evident that they will require to be adjourned; and if he will make a statement on the matter. [34562/21]

Amharc ar fhreagra

Freagraí scríofa

The Workplace Relations Commission (WRC) is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day-to-day operations. However, I am informed that the WRC, to minimise delay to the parties, is continuing to schedule hearings. Unless a postponement is granted in advance, all scheduled hearings will commence in the normal manner, subject to the requirement that it may be necessary to adjourn the hearing, where an Adjudication Officer concludes that it is necessary that an oath or affirmation be administered, where a serious and direct conflict of evidence arises. The WRC has set out this approach in its website notice on the Supreme Court judgment.

The WRC is scheduling more cases each week than pre-Covid as they move to proactively address any build-up of cases arising from the pandemic and the Supreme Court judgment which requires the introduction of legislation. Parties are encouraged to utilise the hearing provided to case manage the complaint(s) to identify areas of contention and/or agreement.

In the meantime, the WRC has requested that all parties give due consideration to the opportunity offered by the WRC Mediation Service as a possible avenue to resolve an individual matter in dispute.

In response to the Supreme Court’s judgment, the Government approved priority drafting and a request to waive pre-legislative scrutiny on 20 April 2021. The General Scheme proposes necessary amendments to the Workplace Relations Act 2015, and other related Acts, to remedy the aspects of the Act that were found to be incompatible with the Constitution. The amendments concern the principle that justice is to be administered in public and the statutory administration of an oath with an offence of perjury for giving of false evidence. Government has approved publication and the Bill is being moved through the Houses in the coming weeks.

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