Written answers
Tuesday, 1 June 2010
Department of Enterprise, Trade and Innovation
Industrial Disputes
10:00 am
Finian McGrath (Dublin North Central, Independent)
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Question 95: To ask the Minister for Enterprise, Trade and Innovation if he will examine a matter (details supplied). [22788/10]
Dara Calleary (Mayo, Fianna Fail)
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I understand that the case raised by the Deputy related to an industrial relations dispute, rather than one involving issues of employment rights law. The case was heard before a rights commissioner who issued his decision on 9 May 2008. The claimant appealed this decision to the Labour Court. The Labour Court subsequently issued its decision upholding the decision of the rights commissioner.
Both the Rights Commissioner Service and the Labour Court are independent statutory bodies that act independently in carrying out their functions.
The basic approach to industrial relations in Ireland is one of voluntarism, whereby the law will not seek to impose a solution on the parties to a dispute but will, where appropriate, assist them in arriving at a solution. The State's role in industrial relations in Ireland has been largely to facilitate the voluntary process through establishing, by legislation, a number of bodies to assist in the resolution of disputes. These bodies are the Labour Relations Commission, including its Rights Commissioner Service, and the Labour Court. The State provides the industrial relations dispute settlement machinery, free of charge to assist this process.
Responsibility for the resolution of industrial disputes between employers and workers rests with the employer, the workers and their representatives.
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