Gerard Craughwell (Independent) | Oireachtas source

I wish to speak on the section. The dismissal of a claim by an adjudication officer is part of the section. Section 43 provides that "An adjudication officer may, at any time, dismiss a complaint or dispute referred to him or her under section 42 if he or she is of the opinion that it is frivolous or vexatious." The exclusion has never applied to complaints referred under the Industrial Relations Acts and is contrary to the purpose of resolving individual disputes arising in the workplace. Dismissing individual referrals made under the Industrial Relations Acts is counterproductive. I would be very concerned, as is ICTU, that applying these criteria would undermine the ability of unions to have individual cases referred under the Industrial Relations Acts heard. The unintended consequence is likely to be an increase in collective action, given that a vital dispute resolution avenue will be removed. Other complications may arise in the context of the requirement to exhaust all procedures. ICTU therefore seeks an amendment to clarify that referrals to individual disputes under the Industrial Relations Acts cannot be refused on the basis that they may be vexatious or frivolous.What Congress advises the Minister through me here is that it is unlikely that a trade union or practising solicitor or barrister will bring vexatious claims. There has never been a case where a claim was adjudicated by a single person as vexatious or frivolous. For that reason, I will call on Report Stage for the removal of section 43 in its entirety.