Seán Kyne (Galway West, Fine Gael)
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Question 55: To ask the Minister for Enterprise, Trade and Innovation if his attention has been drawn to the backlog before the Employment Appeals Tribunal at which there now are delays of between 60 and 72 weeks for an appeal to be heard; and if he has a role in improving this timetable. [12281/11]

Richard Bruton (Dublin North Central, Fine Gael)
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The Employment Appeals Tribunal (EAT) was originally established to adjudicate on disputes about redundancy, however, the scope of the Tribunal was extended on several occasions since its establishment and now deals with disputes under 18 pieces of Employment Rights legislation. Members of the EAT panel - employee nominee Members, employer nominee Members and independent Chair and Vice-Chairs - are appointed for fixed terms of office and their services are utilised as required. My Department is responsible for the administration of claims referred to the Tribunal through our provision of staffing resources, ICT facilities and accommodation for the EAT.

The Tribunal has seen a marked increase in its caseload in recent years, as it is one of the front-line services directly impacted upon by the significant economic downturn. Between 2007 and 2009, the number of claims coming to the Tribunal trebled, although there was a slight (7%) decrease in new claims lodged in 2010. However, the first quarter of 2011 continues to show a high level of claims being submitted and contested.

Tribunal Staff are conscious that parties in dispute are anxious to have claims dealt with as early as possible and are working extremely hard to deal with the sizeable increase in claims submitted to the EAT. In that regard, there has been a large increase in the number of claims disposed of by the Tribunal in recent years. These efforts have resulted in a 51% increase in cases disposed of in 2010 over 2008.

The increased number of cases referred to the EAT in recent times has, nonetheless, had a strong impact on case processing timeframes. I am informed that the longest waiting periods at the end of April 2011 ranged from 50 weeks to 89 weeks, although such figures can be somewhat misleading in terms of the very different nature of claims referred to the Tribunal.

Although the Tribunal conducts hearings in about 36 locations across the State, where the number of cases is relatively small, the Tribunal may wait until a sufficient number of cases is on hand before hearings in certain locations can be listed so as to maximise value for money in relation to the costs of hearings outside Tribunal HQ. Once a critical mass of cases is assembled, 5 days of hearings in a single location can reduce the "waiting time" in the area concerned by approximately 30 weeks.

In relation to managing its caseload and costs, I understand that the Tribunal targets areas with the longest waiting period and highest level of claims outstanding, within the resources it currently has available, when scheduling hearings.

I can assure the Deputy that the Tribunal has been pro-active in driving efficiencies as it addresses the significantly increasing demands for its services at a time of significantly constrained resources. Divisions of the Tribunal are sitting longer, listing more cases per hearing, and seeking to manage the caseload so as to maximise efficiency. These efficiencies have resulted in improvements in the service provided to individual applicants and respondents and have also resulted in an increase in the Tribunal's output. In this connection, over 6,000 claims were processed between January and end-December 2010 – the highest number on record.

The Tribunal is also piloting the streaming of certain types of cases in particular, in order to increase the number of cases being dealt with and assist parties in these instances. The Tribunal is also in the processing of developing a "fillable" electronic form, which will facilitate the more expeditious processing of a claim form once lodged. Furthermore, the Tribunal is piloting a specialist Division to hear claims submitted in relation to redundancy payments which are significant in number and where determinations by the EAT are necessary.

Most recently, my Department has supported the Tribunal in processing its increased caseload through the assigning of additional Tribunal Secretaries and support from the National Employment Rights Authority of the Department in managing the administration of case logging and document preparation. Such cross-unit support has been a vital support to the Tribunal in tackling its caseload.

All of these measures are being taken against the backdrop of severe resource constraints - both monetary and staffing – and I can assure the Deputy that my Department will keep the workload challenges for the Tribunal under review with a view to assisting it further improve its levels of customer service.