Written answers

Wednesday, 30 April 2014

Department of Jobs, Enterprise and Innovation

Unfair Dismissals

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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255. To ask the Minister for Jobs, Enterprise and Innovation the average current waiting time for a person to have his or her case for unfair dismissal heard by the Employment Appeals Tribunal or the rights commissioner. [18765/14]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The Employment Appeals 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. In terms of Rights Commissioners, at the end of 2013, an offer of a first hearing for a referral under the Unfair Dismissals Acts to the Rights Commissioner Service was generally made in the region of 8-12 weeks, inclusive of the statutory 3 week ‘holding’ provided for in legislation. This is still the position in 2014.

I believe that more can be done and is being done to reduce waiting times. An Early Resolution Service was introduced by the Labour Relations Commission on a pilot basis in mid-2012 to provide parties in dispute with an early opportunity of resolving their issues with the help of a Case Resolution Officer (CRO). If the case remains unresolved following the intervention of the CRO, it is scheduled for hearing within four weeks of it being returned to the Rights Commissioner Service. 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.

I am informed that at the end of March the waiting period for a hearing, including unfair dismissals, from the date of application was 61 weeks for Dublin and an average of 70 weeks for the rest of the country. The Tribunal conducts hearings in about 29 locations around the country. Where the number of cases is relatively small, the Tribunal may wait until a sufficient number of cases are on hand to make a visit worthwhile. In such areas, 5 days of Hearings may reduce the “waiting time” in the area concerned by 30 to 40 weeks. As such the waiting times fluctuate on an ongoing basis. I understand that the Tribunal targets those areas with the longest waiting period and highest level of claims outstanding; within the resources it has currently available. The Tribunal has been pro-active in driving efficiencies. Divisions of the Tribunal are sitting longer, hearing more cases per hearing and seeking to manage the caseload to maximise efficiency. As part of the drive for efficiencies, the Tribunal streams cases that are envisaged to be more straight-forward.

I am also undertaking a root and branch reform of all five Workplace Relations Bodies. My objective is to deliver a world-class workplace relations service which is simple to use, independent, effective, impartial, cost effective and provides for workable means of redress and enforcement, within a reasonable period of time. A new two-tier Workplace Relations structure will be established comprising two statutorily independent bodies replacing the current five. This will comprise of a new single body of first instance to be called the Workplace Relations Commission (WRC) 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.

The preparation of the legislation which will give effect to the new workplace relations structures is at an advanced stage. My intention is to publish the Workplace Relations Bill during the Spring/Summer Dáil session 2014 with a view to having the new structures in place during 2014.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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256. To ask the Minister for Jobs, Enterprise and Innovation in instances where findings are made by the Employment Appeal Tribunal or rights commissioner against employers resulting in compensation for unfair dismissal or orders to pay unpaid wages the rate of employer compliance with those findings and how often are subsequent enforcement measures required. [18766/14]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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An employee may make a complaint directly to the Rights Commissioner Service and the Employment Appeals Tribunal under employment legislation. The enforcement of both Employment Appeal Tribunal (EAT) determinations and Labour Court rulings is a matter for the courts. The National Employment Rights Authority (NERA) is not in a position to provide details of the number of cases where the findings of the bodies referred to have not been honoured by the employers.

In cases other than those covered by the Payment of Wages Act, the Enforcement Services Unit of the National Employment Rights Authority (NERA) has some capacity to have a determination of the Employment Appeals Tribunal enforced through the civil courts. In all cases the party to whom an award is made may pursue the matter of enforcement of an unpaid award directly with the courts service. The following table provides a summary of the cases in respect of which requests were made to the Minister to institute civil enforcement proceedings in 2012 and 2013.

Enforcement requests--
-20122013
Cases on hand start of year89105
New Cases Received7564
Cases Closed59 71
Cases on hand end of year10598

As you will be aware I am currently undertaking a major reform programme of all of the Workplace relations bodies. It is hoped that we can deliver a "fit for purpose" workplace relations system that will be supported by proportionate, effective and efficient compliance and enforcement measures. It is my view that the current system of enforcement of employment rights awards is cumbersome, expensive and, accordingly, not "fit for purpose". For this reason, I am proposing to make provision in the Workplace Relations Bill for a range of enhanced compliance measures, including the use of Compliance Notices, Fixed Charge Notices and a new mechanism for enforcing awards of the WRC Adjudicators and Labour Court Determinations. I am confident that the introduction of these measures will provide for more proportionate, efficient and effective enforcement of employment law.

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