Written answers

Tuesday, 21 May 2013

Department of Jobs, Enterprise and Innovation

Employment Appeals Tribunal

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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380. To ask the Minister for Jobs, Enterprise and Innovation the average waiting time for an employment tribunal hearing to be heard. [23722/13]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The existing employment rights adjudication bodies within the State (namely the Labour Court, the Employment Appeals Tribunal, the Equality Tribunal and the Rights Commissioner Service) are independent in the exercise of their quasi-judicial functions and I have no direct involvement in their day to day operations.

I am informed that the average waiting times for a hearing at the State's employment rights adjudication bodies are as shown in the table below:

Employment BodyAverage waiting time -DublinAverage waiting time - outside Dublin
Labour CourtMajority within 12 weeksMajority within 6 months
Employment Appeals Tribunal***70 weeks (76 weeks in April, 2012)79 weeks (80 weeks in April, 2012)
Equality Tribunal**129 weeks
(for investigation hearing)

12 weeks
(for mediation hearing)
129 weeks
(for investigation hearing)

12 weeks
(for mediation hearing)
Rights Commissioner
Service*
3-4 months3-4 months

* Rights Commissioner Service - Cases are screened for suitability for the Early Resolution Service. Unresolved cases are generally returned for scheduling to a hearing within 4 weeks. Parties are notified of hearings 4 -5 weeks in advance of the date. There is also a holding period in some legislation (3 weeks – unfair dismissal cases and industrial relations cases).

**The Equality Tribunal - In cases where the complainant and respondent opt for mediation, a mediation hearing is arranged in less than 3 months of initial lodgement of the complaint. In 2011, overall 62% of cases referred to mediation were closed as a result of the mediation process.

***As part of the drive for efficiencies the Tribunal streams cases that are envisaged to be more straight-forward. These efforts have resulted in a significant increase in the number of claims disposed of over the past few years (2010 – up 30%, 2011 – up 11% and 2012 up 13%).

I believe it is essential that we have efficient and effective mechanisms to develop harmonious and productive workplaces and to assist employers and employees to avoid and resolve disputes.

When I came into office in 2011, I inherited a system for resolving employment disputes that did not achieve this. The system was frustrating for employers, employees and professionals representing them. Notwithstanding the efforts of the employment rights adjudication bodies to reduce backlogs, I believe the delays that users of the service are experiencing are unacceptable.

It is for these reasons I am undertaking a root and branch reform of all five Workplace Relations Bodies. The Reform Programme I have commenced will deliver a World-Class Workplace Relations structure. I propose to establish a two-tier Workplace Relations structure. This means that from next year two statutorily independent bodies will replace the current five. We will have a new single body of first instance to be called the Workplace Relations Commission and a separate appeals body, which will effectively be an expanded Labour Court. All complaints will be dealt with by a single body of first instance where the aim will be to have a hearing within three months from the time the case is lodged.

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