Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

544. To ask the Minister for Jobs, Enterprise and Innovation the number of appeals to the Labour Court which it has considered as being out of time and has not heard as a consequence in each of the years from 2011 to 2016 to date; and if she will make a statement on the matter. [18047/16]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The time frame for the lodgement of appeals to the Labour Court is governed by statute.

An appeal against a recommendation of an Adjudication Officer under the Industrial Relations Act 1969 is governed by Section 13 (9) of the 1969 Act and Section 36 (2) of the Industrial Relations Act 1990. Section 36 (2) of the Industrial Relations Act 1990 provides that an appeal against a recommendation of an Adjudication Officer must be made within six weeks of the making of the recommendation. There is no provision in that section for an extension of time.

An appeal to the Labour Court under Employment Rights legislation is now governed by the provisions of Section 44 of the Workplace Relations Act, 2015 which commenced on 1 October 2015 and is applicable to appeals lodged after that date. Section 44(3) of this Act provides that an appeal shall be given to the Labour Court not later than 42 days from the date of the decision concerned. Section 44(4) provides that the Labour Court may allow an appeal that is lodged after this time frame if it is satisfied that it was due to exceptional circumstances.

The number of appeals to the Labour Court that it has considered as being out of time and therefore not heard in each of the years 2011 to 2016 to date is set out below. From 1 October 2015 appeals that would previously have gone to the Employment Appeals Tribunal now go instead to an expanded Labour Court. Consequently, figures for 2016 will reflect this additional workload.