Written answers

Tuesday, 5 November 2013

Department of Jobs, Enterprise and Innovation

Employment Appeals Tribunal

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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380. To ask the Minister for Jobs, Enterprise and Innovation the average time it takes for a case under the Redundancy Payment Acts to be heard by the Employment Appeals Tribunal from the time of application to the hearing; and if he will make a statement on the matter. [45632/13]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The Employment Appeals Tribunal is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day to day operations. The Tribunal hears claims under 18 separate pieces of legislation, some of which are lodged as direct claims to the Tribunal and others which come to the Tribunal by way of appeal or implementation of a Rights Commissioner’s recommendation/decision.

In relation to complaints made under the Redundancy Payment Acts, I am informed that the Average waiting period for a hearing, as at the end of October last, was 80 weeks across the 26 counties. However, in considering this figure the Deputy should bear in mind that the Tribunal conducts hearings in about 31 locations. Where the number of cases on hand in a particular location is relatively small, the Tribunal may decide to wait until a sufficient number of cases is on hands in order to make the holding of hearings in that location cost effective. In such locations, 5 days of hearings may reduce the “waiting time” by 30 to 40 weeks. I understand that the Tribunal targets areas with the longest waiting period and highest level of claims outstanding, within the resources it has currently available.

The Tribunal is pro-active in driving efficiencies. Divisions of the Tribunal are sitting longer than heretofore, scheduling more cases per hearing and managing the caseload to maximise efficiency. 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: + 30 per cent in 2010 compared with 2009, + 11 per cent in 2011 compared with 2010 and similarly + 13 per cent in 2012 over the previous year.

Notwithstanding the efforts of the Tribunal, I believe that the delays that users of the service are experiencing are unacceptable. This is one of the reasons why I am undertaking a root and branch reform of all five Workplace Relations Bodies. 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. This Reform Programme of the 5 bodies, that 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. Work has commenced on the drafting of a Workplace Relations Bill to give effect to the new two-tier structure. 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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