Written answers

Tuesday, 20 June 2017

Department of Jobs, Enterprise and Innovation

Workplace Relations Services

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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192. To ask the Minister for Jobs, Enterprise and Innovation the facility available to a person who has been through the Workplace Relations Commission and Labour Court and that, notwithstanding the final decision of the court, is of the view that procedurally they have not been treated appropriately and would like their treatment to be investigated; and if no such facility exists, if she will consider putting such a facility in place or providing such a person with access to the Ombudsman by amending Part 2 Schedule 2 of the Ombudsman (Amendment) Act 2012. [28600/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Workplace Relations Act, 2015 established the Workplace Relations Commission (WRC) as the body to hear all first instance claims made under a wide variety of employment legislation. The Act provides that WRC Adjudication Officers shall be independent in the performance of his or her functions.

Complaints into procedural matters of the WRC can be made at any time, in accordance with the WRC’s Customer Service Complaints Procedure; which is available on their website .

A decision of the WRC can be appealed to the Labour Court within 42 days, or later if the court is satisfied that the delay was due to the existence of "exceptional circumstances”.

The Labour Court is an independent workplace dispute resolution body which deals with the resolution of disputes concerning industrial relations and appeals of decisions of WRC Adjudication Officers.

A party can refer a Labour Court Decision on an employment rights matter to the High Court, either on the basis of an appeal on a point of law or for judicial review.

The Ombudsman Act 1980 to 2012 is the responsibility of my colleague, the Minister for Public Expenditure and Reform.  I do not consider it necessary to amend the Act insofar as the provisions regarding the exclusion of the Workplace Relations Bodies is concerned.

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