On the 3rd of April the Labour Relations Commission introduced a Pilot Early Resolution Service (ERS) as part of Minister Bruton’s plan to repair an Industrial Relations system that has been described as overcomplicated and adversarial. This new service will focus on the early resolution of issues and will seek to resolve disputes without the need for adjudication or inspection.
This new scheme, which is aimed at reducing the overall number of complaints referred for adjudication, will be completely voluntary and will be dealt with by Case Resolution Officers.
When the pilot scheme gets underway, all cases will be forwarded to a registrar and those cases suitable for early intervention will be allocated to a Case Resolution Officer. If parties decline to use this service or where settlement is unsuccessful, the claim/referral will be moved onto the Tribunal where the case will be listed for a formal hearing. The Government wishes to encourage the use of this scheme and not disadvantage those who take part, as by doing so, a claim will not lose its place in ‘the queue’ for adjudication.
The new scheme will take over the inspection function previously held by NERA and this will be carried out through dedicated case officers, who will be appointed to a particular case in an effort to seek resolution between the parties.
The Case Officer will offer the following to each party:
· They will contact the claimant in the first instance whereby they will explain the ERS process in the hope that both sides will get involved.
· They will help establish the facts and discuss the options open to the claimant.
· They will help both sides understand how they both view the case and explore how it can be resolved without the need for a formal hearing.
· They will try to settle the case in a way that is acceptable to both parties concerned but will NOT impose solutions.
· Discuss any proposals any side may have to settle the case.
The Case Officer will not do the following:
· Represent either party, take sides or help with preparing cases for both parties.
· Give legal advice.
· Make judgements on the case or suspect the outcome.
· Advise on whether or not to accept proposals for settlement.
· Pressurise people to settle or abandon a case.
The new ERS has three main features which it is hoped will encourage usage.
Firstly the service is confidential and information will not be passed to the other side without agreement. The most important point is what one says to the Case officer cannot be used or referenced as evidence in a hearing. This mediation style of resolution will again seek to encourage users to take part and not disadvantage those who use the service.
Secondly, the service is an independent body. It is completely separate from the Rights Commissioner Service, EAT, Equality Tribunal, Labour Court and NERA, and if a settlement is not reached a claim can still go ahead and their place in the queue will not be lost, further encouraging its usage.
Finally the service is free which will be of large importance as there are no obstacles to the scheme for the average user.
Advantages of the New Early Resolution Scheme
The Government have specified a number of perceived advantages to the scheme that on the face appear difficult to argue with. Should the scheme be taken up it will save time and money for preparing for cases or responding to formal hearings which take up a great deal of time and could have associated representational costs. It can minimise stress for all parties involved because ‘formal’ can be difficult and stressful. It will also offer employees and employers a quick solution in resolving disputes as the Government contends that cases can be dealt with within a few telephone calls or in case of exceptional circumstances, a series of meetings can be arranged to discuss the case with agreed settlements afterwards.
This service provides a “win-win” outcome for each party as agreements are made through settlement rather than judgements being made which will also provide each party with a certain amount of control, as the settlement terms are arranged to suit each party.
If the employee or employer has a representative, the Case Resolution Officer will deal directly with the representative once the representative is aware of the parties’ requirements.
The scheme itself does portray some very positive steps towards early resolution that may benefit all stakeholders. It is highly dependent on uptake from the parties involved as it is voluntary. This voluntary nature will be necessary in order to ensure all parties enter into it for the right reasons, to achieve resolution, though the voluntary nature may also mean some cases where one party is purely out to receive awards will still go to adjudication. If the Government can achieve this “buy in” it will certainly give rise to a more responsive and streamlined industrial relations system in Ireland.
Employers should seek advice from Peninsula Business Services when faced with a potential claim/dispute with employees. Please phone the 24 Hour Advice Service on 01 8555050 and one of our experienced advisors will be happy to assist.
