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Workplace Relations Structures
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Previous Systems
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Two Statutorily Independent Bodies – Sharing Services
Workplace Relations Commission Inspection, Information, Mediation, adjudication. Labour Court (Rights and interest appeals /decisions) Shared Services
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The Labour Court Not an ordinary Court Sits as three person panel
Each panel made up of Employer nominee / worker nominee / Chair [all employees of the Court] Single appeal forum for all employment rights appeals Court of last resort in non-binding interest disputes. Rights decisions appealable on a point of law / JR
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New Functional Structure
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Adjudication First instance complaints for adjudication are heard by WRC Adjudication Officers Sitting alone Appointments through open public competition-Minister appoints to WRC panel Accredited training programme provided Standardised time limits for presentation of complaint (6 months with extension to 12 months for reasonable cause) Hearing (one) Representatives allowed Decision Decision appealable to Labour Court (Circuit Court for Equal Status complaints) within 42 days of Decision (extendable by Court in exceptional circumstances) Decisions and Labour Court determinations enforceable by complainant/trade union through the District Court (if not implemented within 42 days) Appeal to High Court on point of law only / Judicial Review
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Single Decisions Database
Holds over 33,000 decisions of Labour Court, EAT and Equality Tribunal We are committed to making the decisions and determinations arising from adjudication and appeals publicly available. A Single Decisions Database, replacing the databases of the Labour Court, the EAT and the Equality Tribunal, was launched in September last year. Some 33,000 determinations are currently hosted on the new database which is hosted on the workplace relations website. The decisions of WRC adjudicators will, from Establishment Day, be published to this database which will be of significant interest to practitioners, users, academics and stakeholders.
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Mediation/Early Resolution
Early Resolution Service (mediation by phone) for less complex cases Face to face Mediation for more complex cases-Equality and Unfair Dismissal cases Mediation delivered by Mediation Officers-Mediation Conferences Voluntary for both parties No loss of right to adjudication or inspection No disadvantage in waiting times Deliberations and outcomes are confidential to parties Resolution terms binding on parties-actionable in court
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Compliance & Inspection
WRC Inspectors Provision for Compliance Notices Steps to be taken by employers to rectify contraventions Appeal to Labour Court against Compliance Notices Provision for Fixed Payment Notices for scheduled offences Encourage compliance and avoid expensive and time-consuming prosecutions Failure to pay-District Court
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Measuring Effectiveness
Handling employment and equality law issues efficient, effective and straightforward ? Reducing need for legal representation ? Minimal cost for employers, employees & the State ? Good compliance with employment law ? Single point of entry for all services understood ? All complaints on one form Consistent time limits for making complaints and appeals ? On-line complaint submission and tracking facility taken up ? Early Resolution and Mediation services taken up ? Disputes settled in a more conciliatory, less costly fashion ? Reducing the number of cases for adjudication ? Effective compliance and enforcement ?
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Further information is available on www.workplacerelations.ie
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