Róisín Shortall (Dublin North West, Social Democrats)
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889. To ask the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question Nos. 548 and 549 of 28 June 2016, if she is satisfied that the reply provided by the court does not violate Article 3 of Regulation No. 1182/71 of the EU Council (1971) which determines the rules applicable to periods, dates and time limits, by which EU member states are legally bound (details supplied); if she will instruct the Labour Court to account for its current practice which seems to run counter to this regulation; and if she will make a statement on the matter. [22606/16]

Pat Breen (Clare, Fine Gael)
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Section 44(3) of the Workplace Relations Act 2015 provides that an appeal shall be given to the Labour Court not later than 42 days from the date of the decision concerned. The time limit starts to run from the date of the decision and the actual date on the decision counts as part of the 42 day period allowed in which to make an appeal. Section 18(h) of the Interpretation Act 2005 provides for the interpretation of periods of time that are set down in legislation, as follows:

“Periods of time.Where a period of time is expressed to begin on or be reckoned from a particular day, that day shall be deemed to be included in the period and, where a period of time is expressed to end on or be reckoned to a particular day, that day shall be deemed to be included in the period;”

It would not be appropriate for me as Minister to seek to give legal advice in relation to Article 3 of Regulation No 1181/71 of the EU Council (1971). Any approach taken by the Labour Court may be tested by way of Judicial Review, if necessary.

Róisín Shortall (Dublin North West, Social Democrats)
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890. To ask the Minister for Jobs, Enterprise and Innovation the number of appeals submitted to the Labour Court each year for the past five years; the number of appeals each year for the past five years that were not heard by the Labour Court because they were considered to be one day out of time; and the number of employee appeals each year for the past five years that were not heard by the Labour Court. [22607/16]

Pat Breen (Clare, Fine Gael)
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I have brought these matters to the attention of the Labour Court. The court is independent in the carrying out of its statutory functions.

I am informed that the number of appeals submitted to the Labour Court; the number of appeals each year that were not heard by the Labour Court because they were considered to be one day out of time; the number of employee appeals each year in each of the years from 2011 to date is as set out in the following table:

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.

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. The time limit starts to run from the date of the decision and the actual date on the decision counts as part of the six week period allowed in which to make an appeal. I am informed that a decision of the High Court in 2013 on this point has upheld this legal interpretation.

In this regard section 18 (h) of the Interpretation Act 2005 states as follows:

“Periods of time.Where a period of time is expressed to begin on or be reckoned from a particular day, that day shall be deemed to be included in the period and, where a period of time is expressed to end on or be reckoned to a particular day, that day shall be deemed to be included in the period;”