It has been a few months since we have heard anything to do with Minister Richard Bruton's aim to reform the Workplace Relations System in Ireland. This ambitious project aims to merge the five existing employment rights bodies into the Workplace Relations Service, to hear all first instance claims and the Labour Court to carry out the appeals function.
Minister Bruton was in the Dáil recently to provide an update on the plans for the new system, and when we can expect legislation to be published.
In terms of Legislation, the new Workplace Relations Bill has been included on the Spring Legislature programme for the Government. The timescales for such are not exact but would aim to be concluded before the end of the Spring sitting of the Dáil. The Bill itself took a rather large amount of administration to draft, with amendments required on other pieces of legislation and Statutory Instruments in order to ensure compliance. (22 Primary Acts, 12 specific sections of Acts, and 71 Statutory Instruments required amendment)
Minister Bruton also reported on the progress that has been made to date, citing a number of areas where the new system has delivered “within the target timescale”.
One such advance being a new single contact portal called “Workplace Relations Customer Services”, with one single complaint form, which had replaced the five separate entry points (with over 30 different first instance complaint forms), resulting in complaints being acknowledged within five working days, and employers being notified of the claim within five working days of it being lodged.
The Workplace Relations Commission have also just completed a consultation on the new determinations database (of which Peninsula contributed) which will house all determinations in a user-friendly and easily searchable manner.
Minister Bruton will not stop there however and according to the IRN, Pending the enactment of the legislation, Mr Bruton said he intends to continue to progress the reform and bring about further enhancements for users of the services on an administrative basis in the coming months. These include:
- Establish a Single Hearings Management and Scheduling Unit.
- Establish a Single/Shared Corporate Services Unit for the Workplace Relations Bodies.
- Provide a version of Workplace Relations Complaint Form that can be submitted online (e-Complaint Form) - of which work has already begun
- Enhance Adjudication Arrangements and reduce backlogs in the Equality Tribunal.
- Develop and deliver an accredited training programme for Adjudicators.
- Implement new business processes in the Workplace Relations Bodies.
- Implement a Code of Practice and Conduct for adjudicators.
- Introduce standard templates for Rights Commissioners’ decisions/Equality Tribunal and EAT Determinations.
- Review and revise, as necessary, existing statutory instruments (SIs).
- Rationalise hearings venues.
- Develop a Single Determinations Database - which the consultation mentioned above has been completed
- Put in place a Single Complaints Management System.
The next number of months will tell a lot as the Government works through its Spring legislature programme, and we will see where we stand when the Bill comes up for discussion. One need only look to the most recent issue of the Irish Employment Law Review where Kevin Duffy of the Labour Court, and Tom Mallon submitted articles with two different views of the Minister Bruton's system. It is clear it will not please everyone however there is no denying that it is a step forward.
