Written answers

Tuesday, 7 July 2015

Department of Jobs, Enterprise and Innovation

Unfair Dismissals

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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179. To ask the Minister for Jobs, Enterprise and Innovation if he will address a matter (details supplied) regarding unfair dismissals; and if he will make a statement on the matter. [27607/15]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The Deputy will understand that I cannot provide legal advice in relation to the law applying to any particular situation, or the interpretation of legislation. Independent legal advice should be sought if an individual has concerns about a specific employment situation.

The National Employment Rights Authority (NERA) provides general information on employment, equality & industrial relations legislation, through the Workplace Relations Customer Service and Information Unit. It can be contacted at Lo-call: 1890 80 80 90 or via its website www.workplacerelations.ie.

The Deputy refers to delays “in the courts”. As the Deputy will appreciate, the administration of the courts system falls under the remit of my colleague, the Minister for Justice and Equality, Ms. Frances Fitzgerald, T.D.

The Deputy’s question relates to people “unfairly dismissed” from their job. An avenue of redress in this regard, depending on the circumstances, may be the Unfair Dismissals Acts 1977 to 2007 for which I have responsibility. Claims under the Unfair Dismissals Acts are currently heard, in the first instance, by a Rights Commissioner or the Employment Appeals Tribunal (EAT), with an appeal being possible to the EAT in cases where the first instance hearing was before a Rights Commissioner, or to the Circuit Court where the claim was heard in the first instance by the EAT.

I appreciate that there have in the past been significant backlogs in respect of both Rights Commissioner and EAT hearings. I took the view that these delays were unacceptable, and this is one of the reasons I undertook a root and branch reform of Workplace Relations Services and Structures.

There have been significant reductions in backlogs. In terms of Rights Commissioners, an offer of a first hearing for a referral under the Unfair Dismissal Acts to the Rights Commissioners Service is generally made in the region of 5-6 weeks outside of Dublin, and 9-10 weeks in Dublin. This waiting time is inclusive of the statutory 21 day “holding” period provided for in the legislation, during which time a party to the hearing may object to the case being heard by a Rights Commissioner. The current backlog in respect of EAT hearings stands at 60 weeks, which marks a significant reduction from a waiting time of 76 weeks in 2011.

When the relevant sections of the 2015 Act are commenced, it will deliver a two tier Workplace Relations structure. The activities of the Labour Relations Commission, the National Employment Rights Authority, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and the Labour Court will be merged into a new Body of First Instance, to be known as the Workplace Relations Commission (WRC). The appellate functions of the Employment Appeals Tribunal will be incorporated into an expanded Labour Court. When the relevant sections of the 2015 Act are commenced, and the Workplace Relations Commission established, all complaints, including those under the Unfair Dismissals Acts, will fall to be referred to the Workplace Relations Commission in the first instance, and, on appeal, to the Labour Court.

It is envisaged that the relevant sections of the Workplace Relations Act 2015 will be commenced by Ministerial Order by 1st October.

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