Ruth Coppinger (Dublin West, Solidarity)
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48. To ask the Minister for Enterprise, Trade and Employment if Section 4.4 of SI 146/2000 in practice obliges an employer to permit an employee to be represented by a trade union official of their choosing in circumstances (details supplied); and if he will make a statement on the matter. [57606/25]

Alan Dillon (Mayo, Fine Gael)
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As Minister I have no role in interpreting Codes of Practice. Section 43(1) of the Industrial Relations Act, 1990 sets out the Labour Court’s role in interpreting codes of practice under this Act:

"43.—(1) The Court may on the application of one or more parties concerned give its opinion as to the interpretation of a code of practice, provided that in the case of an application by one party notice of the application has been given by that party to the other party."

In November 2005, the Labour Court provided an interpretation Section 4.4 of SI 146/2000 and in their decision, they concluded that:

“The Court is conscious that the Code of Practice is primarily an industrial relations instrument which was drafted by industrial relations practitioners for the guidance of employers, employees and their representatives. It is expressed in plain language which should easily be understood by those to whom it is addressed. Consequently, the interpretation of the Code should not be approached as if it were a statute or the product of legal draftsmanship.”

"It is clear from the Code of Practice as a whole that its object is to provide for good employment practice in the internal processing of grievance and disciplinary issues. To that end it provides that procedures must be fair and in conformity with the principles of natural justice. The right to representation is obligated by the requirements of procedural fairness and is clearly for the benefit of the employee. It follows that it is the employee and not the employer who has the right of election as between the modes of representation provided for by the Code of Practice”.

For the full decision please see www.workplacerelations.ie/en/cases/2005/november/lcr18364.html