Catherine Murphy (Kildare North, Independent)
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Question 318: To ask the Minister for Enterprise, Trade and Employment the further action available in the event of a recommendation from the Labour Court in favour of an employee (details supplied) when the employer refuses to abide by the recommendation; the reporting mechanism that exists between his Department and the Labour Court and Labour Relations Commission; his views on further legislation aimed at adding further protections; and if he will make a statement on the matter. [13578/07]

Tony Killeen (Clare, Fianna Fail)
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Under the relevant provisions of the Industrial Relations Acts, the Labour Court conducts a hearing on a trade dispute and then issues a recommendation setting out its opinion on the dispute and the terms on which it should be settled. The law on industrial relations disputes does not generally seek to impose a solution on the parties to a dispute but rather seeks to assist them in arriving at a solution.

I understand that the Labour Court held a hearing in relation to the dispute referred to by the Deputy and its Recommendation on the matter issued in August 2006. As it is a Court of last resort in the industrial relations process, it is expected that the parties come to the process in good faith and consequently are prepared to give serious consideration to the Court's recommendations.

Recommendations of the Labour Court are not legally binding however, and, under our voluntarist approach to industrial relations, responsibility for the settlement of a trade dispute ultimately rests with the parties to the dispute. There are no plans to change the legislation in this regard.

Memoranda of Understanding between the Department of Enterprise, Trade and Employment and the Labour Court and the Labour Relations Commission have been agreed which set out a formal framework for relations between the Department and the bodies. These memoranda are concerned with the administrative operations of the bodies and have regard to the fact that both the Labour Court and the Labour Relations Commission are independent statutory bodies and, therefore, act independently of the Department in carrying out their statutory functions. In accordance with Industrial Relations legislation, both bodies are required to submit an annual report to the Minister.