Gerard Craughwell (Independent) | Oireachtas source

Senator Norris is adverting to something we have seen happen in cases before a Rights Commissioner where he or she finds in favour of the worker but the remedy offered does not comply fully with ability of the law to provide for compensation. In such a case, the worker and his or her representative must appeal the matter to the Labour Court which can take a long time. We are seeking to provide for the Labour Court to short-circuit the whole system by sending it back to the adjudicating officer with instructions that the law provides for a different remedy and to apply the law.We are trying to prevent cases going to a full sitting of the Labour Court, which is overburdened with work. A quick decision can be sent back to a rights commissioner, the case can be recommenced and a misapplication of the law can be rectified.