CCMA Conference Cape Town, South Africa 23 rd October 2008 Presentation on The Rights Commissioner Service Maurice Cashell Chairman, LRC Ireland

The Rights Commissioner Service  Established as a Service by the Industrial Relations Act 1969  Rights Commissioners empowered under the 1969 Act to hear disputes, other than disputes related to rates of pay, hours or times of work or annual holidays of a body of workers

Rights Commissioners  Appointed by Minister on recommendation of the Board of the Commission  Term of appointment - three years (renewable)  Currently 15 Rights Commissioners  Recruited from HR Practitioners/ Union Officials

Rights Commissioners  Rights Commissioners are independent in the performance of their duties  Have a broad range of investigative functions/powers  Operate as a Service of the LRC  Supported by staff of the LRC

Rights Commissioner Service – A Voluntary & Rights-Based System  Four decades of employment rights legislation (mostly driven by the EU) has dramatically changed the nature of the Service  Single Act - voluntary system  Now – rights-based service with responsibility for 24 pieces of legislation

Legislation under which Rights Commissioners operate  Adoptive Leave Act 1995  Carers Leave Act 2001  Competition Act 2002  Employment Permits Act 2007  European Communities (Protection of Employment) Regulations, 2000  European Communities (Safeguarding of Employees Rights on Transfer of Undertakings) (Amendment) Regulations 2003  Employees (Provision of Information & Consultation) Act 2006

Legislation under which Rights Commissioners operate  European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006  European Communities (European Public Limited- Liability Company) (Employees Involvement) Regulations 2006  Health Act 2007  Industrial Relations Act  Maternity Protection Act 1994  National Minimum Wage Act 2000  Organisation of Working Time Act 1997  Parental Leave Act 1998

Legislation under which Rights Commissioners operate  Payment of Wages Act 1991  Protection of Employees (Fixed-Term Work) Act 2003  Protection of Employees (Part – Time Work) Act 2001  Protection of Young Persons (Employment) Act 1996  Protections for Persons Reporting Child Abuse Act 1998  Safety, Health and Welfare at Work Act 2005  The Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007  Terms of Employment (Information) Act 1994  Unfair Dismissals Act