Workplace Relations Bill 2014

SIPTU proposes three critical amendments to the Workplace Relations Bill 2014.

We seek parliamentary support for these critical amendments and would be obliged if Senators could raise the matter with colleagues and to speak to the amendments on the floor of Seanad Éireann at Committee and Final Stage.

These small changes will make a big difference in protecting fundamental workers rights, access to natural justice and fair procedures.

If you would like any further information on our proposals, or if you would like to meet to discuss the issues outlined, please do not hesitate to contact me.

Your support in this regard is greatly appreciated by our membership.

Removal of Section 72

Fees

Text proposed by Government Justification for removal

The Minister may, in respect of— (a) such services provided by the Commission as may be prescribed, and (b) such services provided by the Labour Court as may be prescribed, charge the recipient of any such service a fee for the purpose of defraying the cost of the provision of that service by the Commission or the Labour Court, as the case may be.

International evidence demonstrates where fees apply justice is taken out of the hands of lower paid vulnerable workers – this is demonstrably the case since the introduction of fees in the UK.

The cost of going to a tribunal is often more expensive than the sum of their outstanding wages.

Amendment of Section 42

Presentation of complaints and referral of disputes

Text proposed by Government Amendment proposed

Amendment of Section 43

Dismissal of claim by adjudication officer

Text proposed by Government Amendment proposed

A complainant may, in proceedings before an adjudication officer or the Labour Court in respect of a complaint presented, or dispute referred, by the complainant under this Part, be accompanied and represented by— (a) a trade union official within the meaning of section 11 of the Act of 1990, (b) an official of a body in respect of which the adjudication officer or Labour Court, as the case may be, is satisfied represents the interests of employers, (c) a practising barrister or practising solicitor, (d) in the case of a complainant who is less than 18 years of age, the complainant’s parent or guardian in addition to a person specified in paragraph (a), (b) or (c), and (e) any other person with the permission of the adjudication officer or Labour Court, as may be appropriate.

Amend Section 42 to provide a Right to be represented by trade union at Mediation.

Section 42 (11) now provides that 'A complainant may, in proceedings before an adjudication officer or the Labour Court in respect of a complaint presented, or dispute referred, by the complainant under this 10 Part, be accompanied and represented by- (a) a trade union official within the meaning of section 11 of the Act of 1990,...

An amendment to include the right of the worker to be also represented by their union at Mediation.

A simple amendment can change the section to read – “A complainant may, in proceedings before an adjudication officer, at mediation or the Labour Court.”

A complainant may, in proceedings before an adjudication officer or the Labour Court in respect of a complaint presented, or dispute referred, by the complainant under this Part, be accompanied and represented by— (a) a trade union official within the meaning of section 11 of the Act of 1990, (b) an official of a body in respect of which the adjudication officer or Labour Court, as the case may be, is satisfied represents the interests of employers, (c) a practising barrister or practising solicitor, (d) in the case of a complainant who is less than 18 years of age, the complainant’s parent or guardian in addition to a person specified in paragraph (a), (b) or (c), and (e) any other person with the permission of the adjudication officer or Labour Court, as may be appropriate.

Dismissing individual referrals made under the Industrial Relations Acts is counter productive: Section 43 provides that 'An adjudication officer may, at any time, dismiss a complaint or dispute referred to him or her under section 42 if he or she is of the opinion that it is frivolous or vexatious.

This exclusion has never applied to complaints referred under the Industrial Relations Acts, as it is contrary to the purpose of resolving individual disputes arising at the workplace.

This will undermine the ability of workers to have individual cases referred under the IR Acts heard. The unintended consequence is likely to be an increase in collective action as a vital dispute resolution avenue will be removed