Gerald Nash (Louth, Labour) | Oireachtas source

Deputy Daly raised a couple of fundamental points on the industrial relations machinery of the State. Access 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.

Legal advice received by the Labour Court on a number of occasions suggests that a person who is retired cannot be regarded as a worker and cannot be party to a trade dispute capable of investigation by the court. Where a person is retired, he or she cannot have a dispute concerning his or her employment or non-employment.

The court is, however, entitled to investigate a matter that arose prior to an individual’s retirement and which was referred to the Labour Relations Commission or Labour Court prior to the individual’s retirement. The introduction of access rights for individual retired workers to the industrial relations machinery of the State under the industrial relations Acts where they have not referred their claim prior to retirement is currently under consideration. However, with regard to the very important pensions piece, a decision has been taken that the Pensions Authority represents the appropriate mechanism by which the issues can be explored. As I stated, an opportunity would be provided to people in certain circumstances where fundamental changes were being made to their scheme. They would be provided with the opportunity to make submissions to the Pensions Authority where those issues were being considered.

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