The recent Government blueprint for Industrial Relations reform today came in for some criticism in an Irish Times column from the Chairman of the Employment Bar Association of Ireland, Tom Mallon.
In his article, Mr Mallon highlighted that although the current system is in need of reform, the manner in which this reform will be carried out is somewhat troubling. He has raised concerns over key aspects of the proposal.
Concerns
What he is referring to is the qualifications of the people adjudicating on matters such as unfair dismissal etc. "Despite the fact that individual employment disputes such as unfair dismissal rank among the most serious matters that individuals will ever litigate, the proposal suggests that all of these matters will be determined, at first instance and on appeal, by bodies where the adjudicators will have no requirement whatsoever that they be qualified in law. Complex legal issues will have to be determined involving the interpretation and application of Irish and European law."
Mr Mallon also raises questions over the bizarre requirement for the new "registrar" to be an experienced and qualified lawyer when none of the other adjudicators requires such a qualification. A further concern is that the new proposal may raise constitutional issues where (the blueprint): "if implemented as published, will create a number of quite extraordinary situations including the possibility that a claim will be rejected, without hearing, if it is deemed to be out of time. It also proposes that the Labour Court might examine whether a claim is “sufficiently meritorious” to proceed to an appeals hearing."
Mr Mallon concludes by highlighting that the Labour Court on its own website highlights it is not a court of law. However, Irish citizens deserve to have disputes concerning one of the most significant relationships, that of employer and employee, determined by an appropriately qualified and independent tribunal.
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