Oireachtas Joint and Select Committees

Tuesday, 6 November 2012

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Workplace Relations Service: Discussion with Employment Appeals Tribunal

2:05 pm

Mr. John Horan:

If Deputy Calleary feels that he was unfairly dismissed, I suggest he gets his claim in quickly before the new system comes in, because he is guaranteed a good hearing under the existing system.

In terms of the increase in staff numbers from 33 to 44, let me explain the system for the benefit of members who may not be as familiar with it as Deputy Calleary. The Employment Appeals Tribunal works on the basis that it sits in divisions. A division comprises three persons, a person with a legal qualification, somebody nominated by the Irish Congress of Trade Unions and somebody nominated by an employer body, and is supported by a secretary from the staff. A division cannot sit without somebody from the secretariat. The number of staff in the secretariat is a limiting factor.

Deputy Calleary referred to the increase in staff from 33 to 44, which is an increase of one third, or 33%, however, our belief is that the staff in the period increased by 18%. Let us not argue about the percentage increase because in the three-year period from 2007 to 2009, the number of claims lodged increased by 300%. The increase in staffing is not sufficient to deal with the deluge of complaints that are coming in. That is the reason we now have a backlog. It is not because the members of EAT are not willing to work, as we are called on to work on average one day a week. As the chairman points out, we get a fee for that day and that is the total. We could work two days a week and double the output but the secretarial service is critical and we cannot do it without secretarial support.

Let me give members a breakdown of our cost. On average, the cost of the three of us works out at €198 per case processed. We are a very low-cost, effective body. If we are not doing our job properly, our decisions will be appealed to various bodies. For example, in the last year for which we have full figures, 2010, the Employment Appeals Tribunal processed 6,064 cases, and not one of those cases was sent for judicial review. Of the 6,064 cases, one was appealed to the High Court on a point of law seeking a particular clarification, a small percentage was appealed to the Circuit Court and as far as we are aware, none of our decisions was overturned. We are lean and mean but an effective machine. That arises out of the breadth of experience and background of the members of the tribunal. We have the legal expertise in addition to the experience of people who have worked in industry, either in human resources or industrial relations. That is what we bring to the party.

We have been hit with a massive deluge of claims which arises from the difficult economic circumstances that employers and ultimately employees have found themselves in since the economic downturn. We are dealing with a significant number of cases and doing so effectively. With additional resources we could do even more. Without in any way wanting to usurp the plans of the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, we believe by using the Employment Appeals Tribunal, he could incorporate the best elements of the existing system in the new system. That would be to the benefit of employees and employers alike.