Written answers

Tuesday, 10 July 2018

Department of Jobs, Enterprise and Innovation

Labour Court Recommendations

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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355. To ask the Minister for Jobs, Enterprise and Innovation her views on whether it is acceptable that a publicly funded body refuses to implement the recommendation of the Labour Court in the case of a person (details supplied); and if she will make a statement on the matter. [30762/18]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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At the outset, I must emphasise that Ireland’s system of industrial relations is, essentially, voluntary in nature and responsibility for the resolution of industrial disputes between employers and workers, rests with the employer, the workers and their representatives.

For its part, the State provides the industrial relations dispute settlement mechanisms i.e. the Workplace Relations Commission and the Labour Court, to support parties in their efforts to resolve their differences. These bodies are independent in the delivery of their quasi-judicial functions, in which I as Minister have no role. This approach has served Ireland well over the years and in a large number of high profile disputes.

I understand that the case in question relates to a redundancy payment situation that was heard by the Labour Court on 23 March 2018 and that the Court recommended a payment in excess of the statutory redundancy payment amount.

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, it is the case that recommendations of the Labour Court are not binding on the parties although of course it is expected that Labour Court recommendation are given serious consideration by the parties involved.

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