Alan Kelly (Tipperary, Labour)
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71. To ask the Minister for Enterprise, Trade and Employment the number of hearings before the Workplace Relations Commission in the period from 6 April 2021 to date that have been commenced but then adjourned by the adjudication officer due to the adjudication officer concluding that it is necessary that an oath or affirmation be administered arising from the implications of the decision in the Zalewski case; and if he will make a statement on the matter. [34560/21]

Alan Kelly (Tipperary, Labour)
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72. To ask the Minister for Enterprise, Trade and Employment the percentage of the overall number of hearings of the Workplace Relations Commission during the period 6 April 2021 to date that the hearings adjourned represent; and if he will make a statement on the matter. [34561/21]

Damien English (Meath West, Fine Gael)
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I propose to take Questions Nos. 71 and 72 together.

The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services.

The WRC is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day-to-day operations. However, I am informed that the WRC has scheduled 1,601 hearings from 6 April to 22nd June 2021. Out of this number, under 20% have been adjourned due to the adjudication officer concluding that it is necessary to adjourn to facilitate an oath/affirmation to be administered.

There are a range of outcomes that may arise when hearings are scheduled; they may be postponed prior to the hearing date, the hearing completed, the issues case managed to reduce the matters to be dealt with if adjourned, they may be part-heard requiring them to be rescheduled at a later date, they may settle prior to, or during the hearing, leading to the withdrawal of complaints. The WRC is scheduling more cases each week than pre-Covid as it moves to proactively address any build-up of cases arising from the pandemic and the Supreme Court judgment which requires the introduction of legislation. The WRC continues to encourage parties to avail of its Mediation services.

Following delivery of the judgment of the Supreme Court in the Zalewski case and the consequential orders made on 15 April 2021, a number of changes were required to procedures at the WRC. The WRC has set out the revised procedures in its website notice on the Supreme Court judgment. My Department has received approval of the Government for priority drafting of necessary amendments to the Workplace Relations Act 2015, and other related Acts, to remedy the aspects of the Act that were found to be incompatible with the Constitution. The amendments concern the principle that justice is to be administered in public and the statutory administration of an oath with an offence of perjury for giving of false evidence. Government has approved publication and the Bill is being moved through the Houses in the coming weeks. It is expected that it will be enacted in July.

Alan Kelly (Tipperary, Labour)
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73. To ask the Minister for Enterprise, Trade and Employment the reason hearings of the Workplace Relations Commission are being scheduled when it is evident that they will require to be adjourned; and if he will make a statement on the matter. [34562/21]

Damien English (Meath West, Fine Gael)
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The Workplace Relations Commission (WRC) is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day-to-day operations. However, I am informed that the WRC, to minimise delay to the parties, is continuing to schedule hearings. Unless a postponement is granted in advance, all scheduled hearings will commence in the normal manner, subject to the requirement that it may be necessary to adjourn the hearing, where an Adjudication Officer concludes that it is necessary that an oath or affirmation be administered, where a serious and direct conflict of evidence arises. The WRC has set out this approach in its website notice on the Supreme Court judgment.

The WRC is scheduling more cases each week than pre-Covid as they move to proactively address any build-up of cases arising from the pandemic and the Supreme Court judgment which requires the introduction of legislation. Parties are encouraged to utilise the hearing provided to case manage the complaint(s) to identify areas of contention and/or agreement.

In the meantime, the WRC has requested that all parties give due consideration to the opportunity offered by the WRC Mediation Service as a possible avenue to resolve an individual matter in dispute.

In response to the Supreme Court’s judgment, the Government approved priority drafting and a request to waive pre-legislative scrutiny on 20 April 2021. The General Scheme proposes necessary amendments to the Workplace Relations Act 2015, and other related Acts, to remedy the aspects of the Act that were found to be incompatible with the Constitution. The amendments concern the principle that justice is to be administered in public and the statutory administration of an oath with an offence of perjury for giving of false evidence. Government has approved publication and the Bill is being moved through the Houses in the coming weeks.