Are you confused about the connection between the Industrial Relations Act and the Workplace Relations Commission? We guide you through the relevant information you need to know...
Under Section 13(2) of the Industrial Relations Act 1969, an employee may refer a “trade dispute” to the Workplace Relations Commission. Section 3 of the Act then provides that an Adjudicator may “investigate” the trade dispute with a view to ultimately making a “recommendation” in relation to the matter.
What is a “trade dispute”?
A “trade dispute” is broadly described within the 1969 Act, and encompasses any “dispute between employers and workers which is connected with the employment or non-employment, or the terms or conditions of or affecting the employment, of any person”.
In effect, this provision allows any dispute between an employer and an employee to be referred to the Workplace Relation’s Commission for investigation.
Objecting to an investigation
Section 36(1) of the Industrial Relations Act 1990 provides for an objection to the investigation to be made by an employer.
Crucially, this objection must be received in writing by the commission within three weeks of the date of notification. This is a statutory requirement, and if the objection is not received within the required timeframe or in the required format, it will not be deemed invalid for the purposes of the Act and a hearing in relation to the dispute will be arranged.
Enforceability
We receive frequent enquiries in relation to the enforceability of such referrals under the Industrial Relations Acts, particularly in situations where the WRC has recommended an award of monetary compensation as a means a resolving a trade dispute.
Section 43 of the Workplace Relations Act 2015 provides for enforcement of WRC determinations in the District Court. However, this provision only applies to legislation listed in schedules five and six of the Act, neither of which allow for the enforcement of a trade dispute under Section 13 of the Industrial Relations Act 1969. An employer’s failure to object to an investigation within the specified timeframe does not affect this position.
In light of the above, a recommendation under the Industrial Relations Act 1969 does not serve to create enforceable legal rights or monetary awards. Nevertheless, an employer should think carefully and take specialist advice prior to objecting to such a referral.
If you have any questions in relation to the Industrial Relations Act or Workplace Relations Commission, please contact our expert employment law advisors on the 24 Hour Advice Service on 0818 923 923
