Oireachtas Joint and Select Committees

Thursday, 18 July 2013

Joint Oireachtas Committee on Public Service Oversight and Petitions

Employment Appeals Tribunal: Public Petition No. P00027/12

11:45 am

Photo of Susan O'KeeffeSusan O'Keeffe (Labour) | Oireachtas source

Like other members, I thank Mr. John O'Sullivan for attending today. I can only imagine the perseverance and the effort on his part. I know what it takes to pit oneself against the expertise of everyone else. Many people who have lost their job have probably never heard of the EAT and the apparatus around it. Those who face it can lose their confidence in the system when jargon and acronyms are used at a session. We can all fool ourselves that we are trying to create a system that is easy and accessible when in fact it is a difficult task. I welcome the proposals on the establishment of a workplace relations commission.

It is unfair of IBEC to suggest employees are confident in defending themselves. It is risible to suggest that someone could become an expert in employment law immediately. The argument it does not cost anything is also risible. Of course, it costs the minute someone loses their job and has to take advice on how they might take on the apparatus of the State and their employer. I am disappointed IBEC claimed frivolous and vexatious claims are made. Of course, there will always be people who will try it on. This is not the point of this exercise. Mr. O’Sullivan was saying he did not want what happened to him to happen to others. We can also get into the frivolous and vexatious behaviour on the part of employers. I am very disappointed by the tone IBEC took. This is about progressing and making the system better.

However, I would make the point that we will always be limited by that case.

The key thing in any new legislation must be how an individual - a Mr. O'Sullivan or a Ms O'Keeffe - faces the establishment and the employer without that kind of knowledge, how can we genuinely expect them to do that and whether it is it fair to say that this is going to be an accessible, easier and friendly apparatus. I am not convinced that can be the case. Not unlike Deputy Boyd Barrett, I worry when I hear language about establishing something that is world-class. I believe in great aspirations but over all of last year, we have seen the establishment of SUSI for-----

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