Tony Gregory (Dublin Central, Independent)
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Question 350: To ask the Minister for Enterprise, Trade and Employment if he will introduce regulations to ensure that employers are compelled to attend hearings of rights commissioners rather than invited to do so; and if he will make a statement on the matter. [14590/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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Rights commissioners operate as a service of the Labour Relations Commission and are independent in their functions. Rights commissioners investigate disputes, grievances and claims that individuals or small groups of workers referred under legislation in the fields of employment rights and industrial relations. Rights commissioners issue the findings of their investigations in the form of either decisions or non-binding recommendations, depending on the legislation under which a case is referred.

Under the majority of cases heard under employment rights legislation, the decision of the rights commissioner can be enforced through the Circuit Court, so it is in the interest of the employer to attend the rights commissioner hearing. If an employer does not attend a hearing of a case before a rights commissioner, the commissioner will make a recommendation based on the evidence of the complainant(s).

In line with the voluntarist nature of industrial relations, the recommendation of a rights commissioner in a case heard under the Industrial Relations Acts is not enforceable. If an employer does not attend a hearing of a case before a rights commissioner, the commissioner will make a recommendation based on the evidence of the complainant(s). If an employer objects to the hearing of a case by a rights commissioner under the these Acts, the worker is entitled to refer the case to the Labour Court under section 20(1) of the Industrial Relations Act 1969.

I am satisfied that the current arrangements are appropriate having regard to the issues dealt with by rights commissioners and I have no plans to amend these procedures.