Tommy Broughan (Dublin North East, Labour)
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Question 161: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she will review the implementation of all Labour Court recommendations relating to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [46286/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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The system of industrial relations in Ireland is essentially voluntarist in nature. 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. To this end, the State has established a number of institutions, including the Labour Court, to assist in the resolution of trade disputes between employers and workers. In the case referred to in the Deputy's question, the Labour Court conducted a hearing on a trade dispute and issued a recommendation setting out its opinion on the dispute and the terms on which it should be settled. Under Industrial Relations legislation, the Labour Court cannot compel a company to comply with its recommendation. 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 and, ultimately, responsibility for the settlement of a trade dispute rests with the parties to the dispute.