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Review of current labour disputes reform programme at a national level in Ireland.
Introduction Talk about New Body Why Set Up Need for Such Bodies Take you through standards required What we did procedurally – how we are doing Outreach Peter Healy Adjudication Officer Workplace Relations Commission
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Need for Reform: Problems with Previous System
This is what happens in a system that is place for a few decades Like bits added on to a house over time – eventually you get lost Fluent english? – 1 day still wouldn’t get it Shows employment rights and industrial relations channels 18 months ago system evolved over a long period of time in a piecemeal fashion in response to EU and domestic legislation and the changing nature of employment. Meant to be informal, accessible and speedy - extremely complex and protracted Took too long to navigate and cost too much – employers and employees needed professional help to know where to go let alone be represented Multiple complaint channels Different fora to attend to obtain redress with 100 forms to choose from Function overlap Complaints statute barred by going to the wrong one Different practices, procedures and different time limits No consistency around degree of formality of hearings, rules of evidence and the extent of use of adversarial vs. inquisitorial procedures Delays are excessive weeks
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Old Institutional Framework
NERA LRC EAT EqT Labour Court Information Provision Industrial Relations Complaints Employment Equality Compliance Conciliation Mediation Advisory Training Unfair Dismissal Minimum Notice Redundancy Insolvency Investigation Adjudication Mediation Referred: LRC Direct Employment Rights Appeals Employment Rights Rights Commissioners Some Rights Commissioner Decisions Equality Rights Commissioners Enforcement Five Bodies Rights Commissioners – overlap with EAT Appeals to EAT or Labour Court or direct to High Court Mediation in a couple of places
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New Institutional Framework Workplace Relations Commission
Director General Chief Operations Officer Information and Customer Service Adjudication Services Conciliation, Facilitation, Mediation, Advisory Compliance and Enforcement Services Legal Services Corporate Clearer IR disputes – individual and collective - to Conciliation/Mediation Employment Rights to Adjudication From complainant point of view – doesn’t matter – all to WRC NERA became compliance and enforcement Boosted information provision
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A little on this – pre set – Board and stakeholder engagement
Rule of law – procedures – appeals – enforcement – redress, penalty, imprisonment
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Adjudication Post-Establishment of WRC
Procedures All complaints under ER/Equality legislation adjudicated upon at first instance by WRC Adjudication Officers All appeals dealt with by the Labour Court Appeal to High Court on a point of law only Enforcement of decisions via the District Court Benefits of “new” system Single body dealing with all complaints Shorter waiting times for hearings (3 months) Standardisation of procedures and time limits More informal and less legalistic 17/09/2018
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Adjudication Officers
Current Panel of Adjudicators: Existing Rights Commissioners Existing Equality Officers External panel of Adjudicators Initial selection and recommendation to Minister by Public Appointments Service Accredited training programme for Adjudicators (NCI) 5-year term for adjudicators Minister appoints to WRC panel (S.40 of WRA 2015) Currently a total of 35 Adjudication Officers 17/09/2018
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Adjudication Adjudication Officers (35) Internal (5) and External (30)
Five Year Contract for External Adjudicators/Long-term for core cadre Problems: Availability Consistency Quality IR ER, Legal Problems: Availability Consistency Quality
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Powers of an Adjudication Officer
Section 41 of WRA 2016 Power to inquire into a complaint Power to compel witnesses to attend hearings Power to compel person to produce documentation Power to make a decision and award redress Section 42 of WRA 2015 Power to dismiss a complaint that is frivolous or vexatious Powers of Inspectors. Section 94 of EEA 1998 To enter premises To require production of material To require access to records To inspect and take copies of material To inspect work in progress. 17/09/2018
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The Oral Hearing S.41 of WRA 2015 requires that parties to a complaint entitled to be heard by Adjudication Officer Both parties required to attend oral hearing Opportunity for Parties to present evidence relevant to the complaint Parties entitled to representation (solicitor, barrister, trade union official etc.) Hearings held in Private 17/09/2018
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The Court’s functions can be divided between
Operation as an industrial relations tribunal, hearing both sides in a case and then issuing a Recommendation setting out its opinion on the dispute and the terms on which it should be settled. those relating to the determination of appeals in matters of employment rights.
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Administrative reform.
Same administrative procedures a common ICT system and staff, managerial and corporate support services. Some 190 staff in November 2015 began the development of a new corporate identity. Joint services for the WRC and the Labour Court put in place in a manner that does not in any way compromise the independence of either body. Applying similar corporate governance structures to both bodies will greatly assist the efficient and effective management and delivery of these joint services. As both bodies will be established as offices of the DJEI, good governance requirements can be met with fewer resources.
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Information and Customer Service
Information on rights and entitlements information relating to employment rights, equality and industrial relations matters by means of a telephone service manned by experienced Information Officers, design and production of informational booklets, leaflets and other literature relating to employment rights, industrial relations and equality, management of the Workplace Relations website, seminars etc. the provision of information to relevant parties regarding the status of complaint and dispute referrals. What do we offer Telephone, website, publications, seminars
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Information Service
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Information Service
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Information Service
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Advisory Service Workplace Training
Joint problem-solving preventive interventions Promotes good practice assisting and advising organisations develops effective industrial relations practices, procedures and structures grievance, discipline, communications and consultation. Mending damaged workplace relationships post-dispute Collective involving many staff, or individual. Fixing serious and pervasive problems around cohesion, adversarialism and morale. Workplace Training Improve knowledge and skills Workplace procedures, Communications Dignity in the workplace Support in the management of workplace change This is our primary preventive service Core cadre of staff – bring people from Divisions as needed based on skill sets Promoting good practice, structures and procedures, codes of practice Post dispute – LUAS Training in the workplace and seminars
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Conciliation, Mediation, Facilitation
Conciliation Resolving collective disputes – mainly trade union Local, sectoral, national, private and public sector Mediation and Facilitation Early Resolution Service (ERS) in less complex cases Mediation in more complex cases (Equality and Unfair Dismissal) Voluntary No loss of right to adjudication or inspection Binding terms - actionable in court Could be collective in non-dispute scenarios Collective disputes – trade union Local to national Of late increasingly involved in ad hoc public service disputes as economy improves Mediation Conciliation/Mediation Service Industrial Relations Referrals: Conciliation Conferences: Other Meetings (Mediation/Facilitation, etc.)
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Adjudication Three into One!
Adjudication Officers Hear first instance complaints submitted on-line – one complaint form Six month submission period (12 months for reasonable cause) Papers submitted beforehand Pre-outline of case Hearing in private Representatives allowed Inquisitorial Appealable within 42 days Ultimately enforceable (Labour Court to District Court) Decision within five months of complaint This is the big ticket item in terms of savings and efficiency and structural and procedural reform Three bodies now one – the LRC, the EAT, the EqT, One body – one complaint form Six month submission period (12 months for reasonable cause) Papers submitted beforehand Pre-outline of case Hearing in private Representatives allowed Inquisitorial Appealable within 42 days Ultimately enforceable (Labour Court to District Court) Decision within five months of complaint
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Compliance and Enforcement
Regionally Based monitor employment conditions to ensure compliance statutory and sectoral pay, working time, terms and conditions enforce employment rights legislation redress for the employees concerned and payment of any unpaid wages penalties Compliance Notices Steps employers must take to rectify contraventions Fixed Payment Notices €1500-€2000 Scheduled offences (minimum wage, payment of wages) Appeal to the Labour Court Failure to pay - District Court Regionally based Emphasis on compliance – working with employers Put them on notice about what they need to do – pay, records, payslips, working time Then prosecute Fixed Payment
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17/09/2018
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