Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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257. To ask the Minister for Jobs, Enterprise and Innovation if she will review a case (details supplied); if she will intervene in this process; and if she will make a statement on the matter. [39257/16]

Pat Breen (Clare, Fine Gael)
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The Deputy should note that Labour Court operates as an independent adjudicative body in carrying out its statutory function and as such it is not appropriate for me to intervene in this or any other matter relating to that function. However, I understand the matter relates to an industrial relations dispute. The case was referred to the Labour Court under Section 20(1) of the Industrial Relations Act 1969 and was heard by the Court on 16th June 2016. The Court’s recommendation dated 20 June 2016 recommended that in addition to the statutory redundancy payment already paid, the Company should pay the employees an ex-gratia redundancy payment of 1.5 weeks’ pay per year of service, subject to a ‘cap’ of €72,000 on the total amount. I understand that the employees concerned are seeking the additional 1.5 weeks ex-gratia payment recommended by the Labour Court.

The position is that in industrial relations matters under Ireland's voluntary system of industrial relations the Labour Court operates as an industrial relations tribunal and is not a court of law. It hears both sides in a case and then issues a recommendation setting out its opinion on the dispute and the terms under which it should be settled. Recommendations made by the Court concerning the investigation of disputes under the Industrial Relations Acts 1946-2015 are not binding on the parties concerned; however, the parties are expected to give serious consideration to the Court's recommendation.

Ultimately, under the Industrial Relations Acts, responsibility for the settlement of a dispute rests with the parties.