Written answers

Wednesday, 17 September 2014

Department of Jobs, Enterprise and Innovation

Workplace Relations Services Issues

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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408. To ask the Minister for Jobs, Enterprise and Innovation when he will complete the revision of The Code of Practice: Grievance and Disciplinary Procedures, S.I. No. 146 of 2000, under the Industrial Relations Act 1990, to take into consideration the small owner-managed business as stated in the Blueprint to Deliver a World-Class Workplace Relations Service of April 2012. [34404/14]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The initial consultation that I undertook in relation to my proposals to reform the State’s employment rights and industrial relations structures was completed in September 2011. The many positive suggestions that emerged from that process influenced the proposals set out in the Blueprint to Deliver a World-Class Workplace Relations Service(Blueprint) which I published in April 2012.

During this consultation process many respondents’ acknowledged the existence of S.I. No. 146 of 2000, The Code of Practice: Grievance and Disciplinary Procedures and the view was expressed that its benefits should be strengthened to take into consideration the small owner-managed business. The Blueprint acknowledged that the Code should be looked at again, in the context of the reform programme which has delivered already substantial efficiencies and improvements for small business in terms of their interactions with the bodies including the provision of advice and early resolution of disputes.

Since the publication of the Blueprint, the publication of the Workplace Relations Bill has brought clarity with regard to the transfer of functions which are currently vested in the Labour Relations Commission.

The functions of the soon to be established Workplace Relations Commission will include the review and preparation, in consultation with the social partners, of current and perhaps new codes of practice relevant to industrial relations including that given effect under S. I. No. 146 of 2000.

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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409. To ask the Minister for Jobs, Enterprise and Innovation if the workplace relations commission registrar can dismiss any case for any reason seeking submission for a hearing by either party involved. [34405/14]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The Workplace Relations Commission (WRC) will have statutory jurisdiction for facilitating the resolution of disputes under approx. 40 separate pieces of employment, equality and industrial relations legislation, in accordance with best international practice and in compliance with international human rights standards. To ensure that the WRC delivers its services to the highest standards, the Director General will be assisted by a suitably qualified and experienced lawyer as Registrar. The Registrar will act as legal advisor to the Director General of the WRC and will perform a range of functions that are similar to those of the Legal Advisor to the Equality Tribunal.

Nobody who has an entitlement to an adjudication hearing will be denied a hearing. However, apercentage of employment rights complaints are inevitably flawed on technical grounds: they may be filed well outside the statutory time limit; they may not disclose any cause of action or they may fail to name any respondent. One of the functions to be fulfilled by the Registrar will be to inform complainants of any such infirmity in their complaint at as early a stage as possible. It is in the interest of both parties and the State that efficiency is introduced into the system by obviating the need to convene a full hearing to deal with such procedural matters.

Such complaints may therefore be referred by the Registrar for determination by an Adjudication Officer of the WRC without a hearing being held. The Bill provides that an Adjudication Officer will have the power to dismiss a complaint in circumstances where he or she forms the opinion that it is frivolous or vexatious. Such a decision can be appealed to the Labour Court.

The words “frivolous or vexatious” are legal terms, they are not pejorative in any sense. It is merely a question of saying that as far as the complainant is concerned if he or she has no reasonable chance of succeeding then the law says that it is frivolous to bring the case. Similarly, it is a hardship on the defendants to have to take steps to defend something which cannot succeed and the law calls that vexatious.

The current regime operated by the Director of the Equality Tribunal provides a very good example of the effective filtering of complaints on receipt. Under the Employment Equality Acts and the Equal Status Acts, the Director of the Equality Tribunal has the power to ‘dismiss a complaint at any stage if of opinion that it has been made in bad faith or is frivolous, vexatious or misconceived or relates to a trivial matter.’It is entirely logical that a similar power be vested in the Director General of the Workplace Relations Commission.

The Director of the Equality Tribunal’s exercise of his power under section 22 of the Equal Status Act 2000 in such circumstances was unsuccessfully challenged by the claimant/appellant in Fitzgerald v Minister for Community, Equality and Gaeltacht Affairs[2011] IEHC 180, which came before the High Court by way of an appeal on a point of law from a judgment of the Circuit Court.

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