Written answers

Tuesday, 12 June 2012

Department of Enterprise, Trade and Innovation

Redundancy Payments

8:00 pm

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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Question 302: To ask the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 445 of 18 April 2012, his views on a matter (details supplied); and if he will make a statement on the matter. [28275/12]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The Deputy's question appears to arise from the concerns of workers affected by the non-implementation on the part of an employer of a recommendation made by the Labour Court in a dispute in relation to a claim for enhanced redundancy terms in excess of the employees' statutory redundancy entitlement, following the acquisition of the company and the closure of its Dublin offices in 2011.

As I have pointed out in response to Parliamentary Questions No. 445 of 18 April 2012 and 55 of 2 May 2012, the role of the Labour Court under the Industrial Relations Acts, 1946 to 1990, is to facilitate the settlement of industrial disputes and its authority in this regard stems from the voluntary nature of the process. In this particular dispute between the company and the workers concerned, the workers referred the issue to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 and they agreed to be bound by the Court's recommendation.

Since the primary purpose of the Labour Court under the Industrial Relations Acts is to assist parties to settle their disputes and thereby promote harmonious industrial relations, co-operation between the parties remains the inspiration of all proceedings under these Acts. The Act does not empower the Labour Court or any other body to impose a settlement in disputes referred to it under Section 20(1) of the Industrial Relations Act, 1969.

As Minister for Jobs, Enterprise and Innovation, I have been engaged in a detailed review and reform of the State's complex workplace relations systems and processes. I am satisfied, moreover, that the system of industrial relations in Ireland should remain 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.

The Labour Court is a court of last resort in the industrial relations process. I have consistently emphasised, as the Minister with responsibility in this area, that the parties should come to the process in good faith and should demonstrate their willingness to give serious consideration to the Court's recommendation.

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