Written answers

Thursday, 10 November 2016

Department of Jobs, Enterprise and Innovation

Workplace Relations Services

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
Link to this: Individually | In context | Oireachtas source

327. To ask the Minister for Jobs, Enterprise and Innovation if she will consider amending the name of the Workplace Relations Commission to the workplace relations and equality commission in view of the public understanding deficit regarding the role of the WRC in adjudicating on breaches of the Equal Status Acts, and the potential effect of this understanding deficit on persons bringing claims of breaches forward for adjudication and resolution. [34117/16]

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

The Workplace Relations Commission (WRC) is an independent, statutory body that was established on 1stOctober 2015 under the Workplace Relations Act 2015. The Commission’s name was specified under Section 10 of this Act.

I believe that the suggested renaming to include Equality Commission in the WRC title would risk confusion with the Irish Human Rights and Equality Commission (IHREC), mandated to promote human rights and equality in Ireland. The IHREC clearly refer the making of complaints under the Equal Status Acts to the Workplace Relations Commission and provide the appropriate links.

The WRC assumed the roles and functions previously carried out by the Labour Relations Commission (LRC), Rights Commissioner Service (RCS), Equality Tribunal (Eq T), the National Employment Rights Authority (NERA) and the first instance (Complaints and Referrals) functions of the Employment Appeals Tribunal (EAT), to provide a single point of access for complaints and disputes.

The WRC has a broad remit encompassing responsibility for information provision, workplace advice, mediation, conciliation, adjudication, inspection and enforcement in relation to employment rights, equality and equal status matters and industrial relations.

The WRC takes its role in relation to equality matters very seriously and has recently undergone a stakeholder engagement process with bodies in the equality sphere including the Irish Human Rights and Equality Commission (IHREC).

On a practical level, the WRC has updated its website so as to clearly highlight the range of information available on Equal Status related issues. This on line resource is reviewed, updated and amended as required.

In addition, the Information and Customer Service staff of the WRC can provide information and assistance to persons who may not have on line access and the WRC also provides presentations and outreach services to a variety of representative bodies on the full range of its services.

I do not propose to amend the name of the Workplace Relations Commission and I am confident that the WRC is well placed to fulfil its statutory obligations under the Equal Status Acts.

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
Link to this: Individually | In context | Oireachtas source

328. To ask the Minister for Jobs, Enterprise and Innovation if the procedures in place to deal with complaints of breaches of the Equal Status Acts have changed since the Equality Tribunal was subsumed into the Workplace Relations Commission; and if she is satisfied with the procedures used by the WRC to handle complaints regarding breaches of the Equal Status Acts, specifically the requirement that complainants in the first instance attempt a resolution with a service provider themselves, unsupported, in view of the potential power differentials involved and the difficulties this could present for complainants. [34118/16]

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

The Workplace Relations Commission (WRC) is an independent, statutory body which was established on 1st October 2015 under the Workplace Relations Act 2015. As an independent body I have no involvement in its day to day running. The WRC has responsibility for information provision, workplace advice, mediation, conciliation, adjudication, inspection and enforcement in relation to employment rights, equality and equal status matters and industrial relations.

The procedures for dealing with complaints of breaches of the Equal Status Act, set in place by the Equality Tribunal, have been largely undisturbed since the establishment of the WRC.

Section 21 of the Equal Status Act, 2000 requires the complainant to notify the respondent in writing of the allegation of discrimination within two months of the last occurrence. This notification period can be extended for reasonable cause or in exceptional circumstances may be dispensed with. The WRC provides a form on the website to assist complainants in notifying respondents and also provides a form for respondents to reply. The requirement to notify the respondent prior to lodging a complaint to the WRC has not changed with the establishment of the WRC. There is no requirement in the legislation or under any procedures used in the WRC which obliges the complainant to attempt a resolution with a service-provider.

Once a complaint is lodged with the WRC the parties may be offered mediation. In this regard, in addition to legal representatives who can advise and represent complainants, there are bodies that can provide support to persons who are contemplating bringing a complaint usually on a no fee basis.

Comments

No comments

Log in or join to post a public comment.