Here at Peninsula we have endeavoured to keep employers informed on the on-going reform process of the Irish employment tribunal system. These exciting developments will result in the streamlining of tribunal system meaning less employer time spent at tribunal in employee disputes and less red-tape surrounding the claims process. Minister Richard Bruton made a fresh announcement on the process on 08 July 2014 and we will review this in detail in this article.
Workplace Relations Bill
The Department of Jobs, Enterprise and Innovation announced on 08 July that Government approval had been secured for the Workplace Relations Bill 2014. Prior to this process commencing, there were five different workplace relations bodies: the Labour Relations Commission (LRC), the National Employment Rights Authority (NERA), the Equality Tribunal, Employment Appeals Tribunal (EAT) and the Labour Court. This Bill, when enacted into law, will replace the current five workplace relations bodies with two bodies, with the DJEI stating that this will deliver 20% savings in staffing and 10% in budgets while providing improved services.
The New System
The five existing bodies will be replaced with just two: the Workplace Relations Commission and the Labour Court. Once the Bill is enacted, all employment claims will be heard firstly at the Workplace Relations Commission with all appeals then going to the Labour Court.
Streamlined Process
Employers may be unclear of the benefits of the system but they can be summarised by looking at this fictional example in respect of then system as it currently stands: if an employee were to take a claim of unfair dismissal they can currently opt to go to the LRC or the EAT. If the decision is appealed then the appeals would then go to either the EAT or the Circuit Court respectively. If that employee also had a working time claim then such a claim would be heard by the LRC with any appeals going to the Labour Court. Lastly, if that employee had an equality claim then that would be heard by the Equality Tribunal with appeals going to the Labour Court. Thus, if we have one employer and one employee who takes 3 different claims, both the employer and the employee may find themselves in 5 different adjudicating bodies. This can really drag out a process and greatly increase legal costs. The new system will significantly streamline this process.
WRC Adjudicators
When the different bodies merge, the Workplace Relations Commission will be made up of LRC Rights Commissioners and Equality Officers from the Equality Tribunal. However, as part of the above process, Minister Bruton will appoint a panel of external adjudicators who may be called upon if necessary to adjudicate upon on-going tribunal disputes. This will help facilitate the transition process in as smooth a manner as possible through ensuring there are a number of additional resources available to call upon as necessary.
Conclusion
The Bill is expected to be enacted into law by the end of 2014. If any employers wish to discuss the impact this will have on them then please contact the 24 Hour Advice Service on 01 855 50 50 where one or our experienced HR experts will be on hand to assist you with your query.
