Finian McGrath (Dublin North Central, Independent)
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107. To ask the Minister for Jobs, Enterprise and Innovation his views on a matter (details supplied) regarding the Workplace Relations Bill 2014. [9866/15]

Richard Bruton (Dublin North Central, Fine Gael)
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The Workplace Relations Bill 2014 provides a statutory basis for a new structure which will see the existing five workplace relations bodies replaced by two. The Labour Relations Commission, the National Employment Rights Authority, the Equality Tribunal, the first instance functions of the Employment Appeals Tribunal (EAT) and the first instance functions of the Labour Court will be replaced by the new Workplace Relations Commission, and the appellate functions of the EAT will be transferred to a new expanded Labour Court. This Bill is concerned with the establishment of the new workplace structures and it does not propose any substantive changes to legislation governing employment rights or policy in relation to industrial relations matters.

Access to the Industrial Relations machinery of the State is governed by the definition of “worker” in Section 23 of the Industrial Relations Act 1990, which provides, inter alia, that a “worker” means any person aged 15 years or more who has entered into or works under a contract with an employer.

In addition, Section 3 of the Industrial Relations Act 1946 provides that a dispute between a worker and an employer only arises if it is connected with the employment, non-employment or the terms of the employment or with the conditions of employment of any person.

Legal advice received by the Labour Court on a number of occasions suggests that a person who is retired cannot be regarded as a worker and cannot be party to a trade dispute capable of investigation by the Court. Where a person is retired they cannot have a dispute concerning their employment or non-employment.

The Court is, however, entitled to investigate a matter which arose prior to an individual's retirement and which was referred to the Labour Relations Commission or Labour Court prior to the individual's retirement.

I am currently considering the introduction of access rights for individual retired workers to the industrial relations machinery of the State under the Industrial Relations Acts, where they have not referred their claim prior to their retirement.