Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

16. To ask the Minister for Jobs, Enterprise and Innovation if findings of the Employment Appeals Tribunal are binding; the recourse available where parties do not comply with findings of the tribunal; and if he will make a statement on the matter. [8573/16]

Richard Bruton (Dublin Bay North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

At the outset I would like to explain that the Employment Appeals Tribunal is currently working through its legacy caseload with a view to being dissolved in 2017. The functions of the Tribunal have, since 1 October 2015, been taken over by the new Workplace Relations Commission and the Labour Court under the provisions of the Workplace Relations Act 2015. However, the Tribunal, in dealing with its legacy cases, operates under the legislation that applied pre the 2015 Act.

Determinations of the Employment Appeals Tribunal can be appealed by either party to a case and the appeals procedures are set out in the relevant legislation under which each determination is made. The mechanism for enforcing determinations of the Employment Appeals Tribunal is also prescribed in the relevant legislation and, generally, this involves an application to the Circuit Court for an order directing compliance, or instituting proceedings in the District Court as the case may be.

The legislation also prescribes who may apply to the courts to enforce the determinations. In most cases, determinations are enforced by or on behalf of the complainant. However, in some instances the Minister for Jobs Enterprise and Innovation may, if he considers it appropriate, apply on behalf of a party when requested to do so. The Inspection and Enforcement Division of the Workplace Relations Commission initiate these proceedings on behalf of the Minister and parties should contact the Commission for further information.

A comprehensive guide to the various appeals and implementation procedures open to employees who are in receipt of decisions from the Employment Appeals Tribunal can be found on the Workplace Relations website, in a document called “2016 Employee Decision Notes” on the Employment Appeals Tribunal web page. A link to this page is .