Tuesday, 30 November 2010
Department of Enterprise, Trade and Innovation
Question 295: To ask the Minister for Enterprise, Trade and Innovation with regard to the Industrial Relations Act 1990 the stage of development of the amendment to the Act regarding the definition of worker; when this amendment will be enacted; and if he will make a statement on the matter. [45130/10]
Dara Calleary (Minister of State with special responsibility for Public Service Transformation and Labour Affairs, Department of Enterprise, Trade and Employment; Minister of State, Department of An Taoiseach; Minister of State, Department of Finance; Mayo, Fianna Fail)
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Access to the employment dispute settling bodies under the Industrial Relations Acts is governed by the definition of "worker" in Section 23 of the Industrial Relations Act 1990. Workers not included within this definition are normally covered by separate schemes of Conciliation and Arbitration.
Section 23(1)(e) of the 1990 Act excludes, inter alia, "an officer of a vocational education committee" from this definition of "worker". Arising from an agreement between management and union sides to abolish the existing Conciliation and Arbitration machinery for vocational educational committee officers and to bring them within the scope of the Industrial Relations Acts, it is proposed to amend the definition of "worker" to include such officers, with the exception of teachers, within the definition of "worker" in the 1990 Act. An amendment to this effect is included in the Industrial Relations (Amendment) Bill 2009, which is currently awaiting Committee Stage in the Dáil.