1. Resolve Symposium Workplace Relations Bill 2014 Impact on the Labour Court Kevin Duffy

2. Historical Role
Established as an Industrial relations tribunal in 1946
Concerned with resolving and avoiding industrial disputes
Established a repudiation as a fair and impartial mediator
Its Recommendations are validated by the agreement of the Parties
Its stock and trade lies in the voluntary acceptance of its authority

3. The Labour Court
“Not a Court of Law but a Court of Common Sense and Fair Dealing”
“A body Solely Concerned with the Resolution of Disputes by Peaceful Persuasion”

4. Employment Rights Jurisdiction
Assigned Jurisdiction for Equal Pay Disputes in 1974
Equal Treatment in 1977
Organisation of Working Time 1997
Court also given Jurisdiction in Disputes under Nine other Employment Rights Statutes
The Court’s Jurisdiction is Appellate Only

5. Employment Rights / Industrial Relations
Currently Industrial Relations Referrals Account for 58% of Case Load
Employment Rights Appeals Accounts for 42% of Referrals.
Employment Rights Case are Significantly more Demanding in Terms of Workload
Employment Rights Cases Account for Between 60% - 70% of Workload

6. New Role for the Labour Court
All Appeals from an Adjudication Office are to the Labour Court
All Appellate Jurisdiction of EAT will Eventually Transfer
Bulk of the Court’s Work will be Employment Rights Based Disputes
Industrial Relation role will Continue Unaffected
Anticipated Increase in Caseload of Around 56%
Principal Change will be in Appeals under Unfair Dismissals Acts (currently account for 90% of EAT Workload)

7. Structure of the Court
Court will go from Three Divisions to Four Divisions
There will be an Additional Deputy Chairman
Provision for Chair / Deputy Chair to sit alone in Limited Circumstances

8. How Will it Work? 60% increase in cases 30% increase in resources
Must retain Capacity to Respond to Urgent IR Cases

9. Assumptions
Appeals Rate from First Instance Decisions will Remain Broadly the Same as at Present (between 10% -18% of cases are appealed)
High Rate of Settlement in Unfair Dismissal Cases will Continue (Currently >60%)
Availability of Mediation and Early Resolution will increase the rate of settlement
New Procedures will Expedite Hearings
Benefits from Better use of Case Management

10. Rules on Procedures
The Labour Court can make Rules Regulating its Procedures, including: -
Bringing an appeal
Conduct of hearing
Representation
Can include all matters Consequential or Incidental to the Conduct of a Hearing

11. Matters to be Covered by Rules
It is anticipated that the Court will make Rules Covering : -
Filing of Written Submissions
Content of Submissions
Witness Statements
Case Management Procedures
Giving of Directions to Parties

12. Mode of Procedure
Present Procedures of the Court will Continue and Apply in All Cases
Emphases on Pre Hearing Procedures
Requirement for Written Submissions
Exchange of Submission before Hearing
Emphases on Case Management
Parties Encouraged to agree Non –Contentious Facts

13. What to Expect Court’s mode of Procedure very different to EAT
A hybrid between inquisitorial and adversarial
Hearings will be shorter
Emphasis on prehearing procedures

14. Submission Case to be set out in a written submission
To be filed by appellant within three week of initiation of appeal
State facts relied upon
Summarise evidence to be relied upon
State Number of witnesses
Furnish to other side
Replying submission in three weeks
Witness statements before hearing

15. Objectives Reduce waiting times for hearings Shorter hearings
Less expensive
Quick decisions

16. Implications for the Court
Bulk of case load will be Employment Rights
Increase of >60% in Workload
44% increase in Membership
Cases likely to take longer
Increase in Budget ???
Effectiveness of First Instance Adjudication Crucial

17. Biggest Challenge
Retain its Primary Role as the Final Industrial Relation Peace maker in Disputes of Interest
Provide an Efficiently, Professional and Cost Effective Service to Workers and Employers in Resolving Disputes Concerning Employment Rights

18. Priorities for the Court
Familiarisation Programme on new Jurisdictions
Drafting Rules (s20 of 1946 Act as amended)
Develop Work Organisation Programme to Deal with New Workload