Written answers

Wednesday, 27 June 2018

Department of Jobs, Enterprise and Innovation

Labour Court

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
Link to this: Individually | In context | Oireachtas source

167. To ask the Minister for Jobs, Enterprise and Innovation the way in which a person that has had a ruling in their favour from the Labour Court can have that ruling upheld in cases in which their employer refuses to accept the ruling; and if she will make a statement on the matter. [28184/18]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Labour Court engages with parties in industrial relations disputes in which resolution of issues at local level has not proved possible. In such instances, the dispute can be referred to the Court for an opinion in the form of a recommendation of the Court. However, in line with the voluntary nature of industrial relations in Ireland recommendations of the Labour Court are not binding on the parties. It follows therefore that there is no statutory mechanism by which recommendations of the Labour Court made under the Industrial Relations Acts 1946 to 2015 can be enforced in law.

Separately, since 2015 the Labour Court is the single appellate body for complaints arising under employment/equality law.  The procedures for enforcing a determination of the Labour Court in this instance arise as a result of the appeal of a decision of an adjudication officer of the Workplace Relations Commission (WRC). These procedures are set out at section 45 of the Workplace Relations Act 2015.

A decision of the Labour Court arising from an appeal of an adjudication officer of the WRC must be implemented within 42 days from the date on which the notice was given to the parties in writing. In circumstances where an employer fails to implement a decision of the Court within the prescribed time periods, an application may be made to the District Court for an order directing the employer to carry out the decision.

Ultimately, failure to comply with an order of the District Court is a criminal offence under section 51 of the Workplace Relations Act 2015.  A person found guilty of such an offence is liable on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both.

Comments

No comments

Log in or join to post a public comment.