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

The Senator proposes that the Labour Court be empowered in the case of a matter which has come before it on appeal from a decision of an adjudication officer to refer that matter back to another adjudication officer to be determined again at first instance. This does not take into consideration the fact that, on appeal, the Labour Court hears the case de novo. The whole case is reheard. In the arrangement outlined in the Workplace Relations Bill 2014, both parties to a complaint have the right to have the matter heard fully on two occasions; at first instance and on appeal. This arrangement meets fully the requirements of fairness and justice. To provide an additional remedy to the Labour Court other than to uphold or deny an appeal would amount to providing the Labour Court with a concurrent jurisdiction akin to judicial review, a jurisdiction which is exclusive to the High Court and the Court of Appeal on appeal therefrom. Additionally, far from expediting proceedings, the amendment as proposed would serve, if adopted, to delay them as it would be necessary to have a minimum of three hearings in most cases.