Olivia Mitchell (Dublin South, Fine Gael)
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Question 284: To ask the Minister for Jobs, Enterprise and Innovation his views on the deliberate failure by companies to abide by Labour Court judgements; if he intends to take any action in relation to these cases.; and if he will make a statement on the matter. [26720/12]

Richard Bruton (Dublin North Central, Fine Gael)
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The system of industrial relations in Ireland is essentially voluntarist in nature with the terms and conditions of employment of workers being determined in the main by a process of voluntary negotiation and agreement without the direct intervention of the State.

In general, Irish law does not try to impose a solution on parties to an industrial relations dispute, but rather is designed to help support the parties in resolving their differences. The State takes a supportive role, by providing a framework and institutions through which good industrial relations can prosper, rather than an interventionist one. Institutions such as the Labour Court and the Labour Relations Commission were established to assist in the resolution of disputes between employers and workers.

The experience and expertise of the State's industrial relations machinery offers the best avenue for resolving issues in dispute. It is expected that the parties to a dispute come to the process in good faith and consequently are prepared to give serious consideration to the decisions or recommendations made.

Recommendations of the Labour Court are not legally binding. Neither the Labour Court, nor I, can compel a company to comply with such recommendations. Ultimately, responsibility for the settlement of a trade dispute rests with the parties involved.