Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context | Oireachtas source

9. To ask the Minister for Jobs, Enterprise and Innovation the progress made in the reorganisation of the Employment Appeals Tribunal; the issues that have arisen from the reformed structure; and if he will make a statement on the matter. [18412/15]

Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context | Oireachtas source

This question relates to the reorganisation of the workplace relations architecture within the State, how that reorganisation is progressing and the impact it is having on the current caseload of the Employment Appeals Tribunal.

Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Deputy will be aware that, as part of the current reform of workplace relations services, the functions of the Employment Appeals Tribunal will be transferred to the Workplace Relations Commission, WRC, and the Labour Court in so far as first instance complaints and appeals, respectively, are concerned, with first instance complaints being referred to the WRC and appeals to the Labour Court. The Employment Appeals Tribunal will continue to function for a limited period after the establishment of the WRC to finalise complaints and appeals lodged before the commencement of the enabling legislation and will be dissolved on finalisation of these legacy cases. The objectives of the reform programme are to deliver a world-class workplace relations service which will be simple to use, independent, effective, impartial and cost-effective, provide for workable means of redress and enforcement within a reasonable period and reduce costs.

The Workplace Relations Bill, which returned to the Dáil this week, will make statutory provision for the new structures while also providing for a number of innovative measures including the use of compliance notices and fixed charge notices and the sharing of employment information between the WRC, the Labour Court and other official agencies and so on.

Significant progress has been achieved to date, in advance of the enabling legislation, to put in place the technological, structural, administrative and staffing changes required to underpin the workplace relations programme. I am pleased to say that some 19 new adjudication officers, selected for appointment following an open competition conducted by the Public Appointments Service, will shortly complete an accredited training programme. These adjudicators, together with the current cohort of equality officers and rights commissioners who will be appointed as WRC adjudicators, will be available for deployment on the establishment of the WRC. The adjudication resources at the disposal of the commission will, therefore, comprise a diverse group of experienced industrial relations and HR practitioners, employment lawyers and civil servants with appropriate skills and experience.

A key commitment in the workplace relations reform is to place the needs of users and stakeholders at the very core of service delivery and to reduce the administrative burden involved in customer interaction with the service.

Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context | Oireachtas source

Changes are taking place and 19 new adjudicator officers are being appointed but how are these proposed changes affecting the current workload of the Employment Appeals Tribunal? I know of cases that are taking more than two years to come to hearing and resolution. It is a very difficult situation for former workers, who may have been unfairly dismissed, to have this continuous wait for their cases to be heard. They are entitled to some sense of closure, regardless of the outcome, so that they can move on with their lives. Are the proposed changes having an impact on the current workload in terms of developing some sense of inertia or lack of understanding of what is happening and how things will progress? What efforts are being made to clear the workload in advance of the new structures coming into effect?

Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

A huge amount of change has taken place and it is a credit to the people working in this area. We are merging five bodies into two and there has been huge support from those involved in simplifying the process. Some 30 forms have been reduced down to one and an online application procedure has been developed. A pilot early resolution procedure is available so that cases which can be resolved without going to hearing can be drawn aside thereby avoiding the long wait for a hearing. The delays in getting a hearing before a rights commissioner are being reduced and there is now a very quick turnaround.

Deputy Pringle is right when he says there is a legacy delay at the Employment Appeals Tribunal, but those waiting times are also being reduced. It is true that there will be a legacy delay after we set up the WRC and there will be a period to work through those legacy cases. We are making provision to plan that as effectively as we can to minimise delay. Some of the cases are highly complex. They have been referred to the courts and been adjourned and so on. This is a difficult process but we believe that the new process will be much more effective. We are working through the backlog as effectively as we can.

Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context | Oireachtas source

Are staff that should be working on current cases before the Employment Appeals Tribunal working on setting up the new systems? Is that leading to the delays in having cases heard? Two years is far too long for anyone to wait to have a case heard and to have closure to that episode in his or her working life, regardless of the outcome. Is this being done with existing staff? Are the staff double jobbing while these changes are taking place and is that having an impact on the caseload and its progression?

Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

We have not deflected any staff from the hearings or the progression of cases. We have simplified the whole procedure. There were situations where the same case was being run in parallel in two different hearing routes. The same substantive case was being heard in two different arena. We are streamlining the process, for example, by reducing 30 forms down to one. This change has been concerned with simplifying the process and making it user-friendly and having a quicker interaction. Cases that have perhaps been wrongly put together will be spotted to ensure they do not proceed for a long period before they are sent back to the start. It has taken a lot of work to streamline what has been a very complex process. The objective was to make it easier. Resources have not been moved from hearings into the administrative improvement and I pay tribute to the staff who have been extraordinarily flexible in managing the change. It has been remarkable.