Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

I am aware of the issues surrounding this dispute since I became Minister and, indeed, before that time. I understand that initially attempts were made to resolve the matter by arbitration through the offices of the Labour Relations Commission; however, no constructive developments came out of these efforts despite the LRC remaining at the parties' disposal should it be again required.

The workers involved referred some complaints to the rights commissioner service and others directly to the Employment Appeals Tribunal, EAT. Awards were made in their favour by both parties. The rights commissioner awards were appealed to the EAT. I understand that the appeal taken by the company concerning the worker that made the representations, which are the subject of this question, had his appeal heard last February. The company did not attend the appeal, and so it failed for want of prosecution.

Under the current system the enforcement of EAT awards is eventually a matter for the courts and civil enforcement process. The holder of an award or his or her trade union may seek to enforce it himself or herself through the Circuit Court or he or she may seek, in most cases, the assistance of the Minister to have this process carried out on his or her behalf. This involves the use of the enforcement services unit of the National Employment Rights Authority, NERA, to have such awards enforced if appropriate through the civil courts. NERA is currently enforcing some of the awards in question and has engaged legal assistance to further this matter.

It is acknowledged that the system that has developed over the years, as illustrated in this case, has become complex and, in some cases, involves unacceptably long delays. However, I have commenced a root and branch reform with the objective of establishing a world-class workplace relations service. It is through the reform of the existing workplace relations structures that we can remove any advantage currently present in delaying a case through appealing and then not taking part in the hearing.

As Minister, I propose to establish a new two-tier workplace relations structure with the result that two statutory independent bodies will replace the current five bodies. There will be a new single body of first instance, the workplace relations commission, and a separate appeals body, which will effectively be an expanded Labour Court. It is intended that the WRC will deal with all first instance claims within three months from the time the case is lodged.

Additional information not given on the floor of the House.

I also believe that for a workplace relations system to have credibility it must be supported by proportionate, effective and efficient compliance and enforcement measures. The current system of enforcement of employment rights awards is cumbersome and expensive and not fit for purpose. For this reason, I am proposing to make provision in the workplace relations Bill for a range of enhanced compliance measures, including the use of compliance notices, fixed charge notices and a new mechanism for forcing awards of the WRC adjudicators and labour court determinations. These measures will provide for more proportionate, efficient and effective enforcement of employment law.

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