Workplace Relations Commission
As in the United Kingdom, there are special court like bodies designed to deal with employment disputes in an economical, efficient and specialist manner. In broad terms, the Workplace Relations Commission corresponds to ACAS and the employment tribunals. Until relatively recently, there were separate employment tribunals in Ireland, very similar to those in the United Kingdom. Those bodies effectively remain within the adjudicator’s divisions of the Workplace Relations Commission.
The Workplace Relations Commission has a very broad remit and brings together both industrial relations and formal and informal dispute resolution mechanisms.The WRC was designed as a single one shop for all employment and equality claims.
The WRC seeks to resolve disputes by mediation or other alternative dispute resolution mechanism prior to reference to adjudication officers for determination of the legal position. A case may be put on the mediation track and later moved to the adjudication track or as appropriate may go directly to the adjudication track.
The Workplace Relations Commission offers support both in relation to the mediation of individual disputes and workplace issues at the collective level. It provides a prompt confidential conciliation mechanism with a view to resolving disagreements and disputes between employees collectively and employers as well as between individual employers and employees.
The conciliation process is voluntary and the Workplace Relations Commission officers seek to provide neutral impartial third party assistance and evaluation. The WRC includes industrial relation officers who chair conciliation conferences. They proceed by way of consensus
There is a right of appeal from a Workplace Relations Commission decisions to the Labour Court. Neither the WRC adjudication officers nor the Labour Court are a court in the traditional sense. The chairperson or officer may have a legal background but the procedures are closer to those in UK employment tribunal cases
Divisions of the Workplace Relations Commission are responsible for other aspects of employment law and disputes including
- promotion and improvement of workplace relations
- publicising information employment rights
- inspections and enforcing employment rights
- industrial dispute resolution assistance and mediation
Labour Court
Pursuant to a request by a trade union or organisation of employers the Labour Court can investigate the relevant economic factors remuneration terms and conditions of employment and make a recommendation in relation to a sectoral employment order. The Minister may approve such order in which event it has the force of law. Very few such orders exist
There is a constitutional right not to join a union or be required to be a member of a union.. An employer need not recognise a trade union as such for the purpose of collective bargaining.
There is legislation which applies to employers who do not engage in collective bargaining. An unresolved trade dispute may be referred by a trade union to the Labour Court. If the trade union demonstrates that the employer does not engage in collective bargaining with a trade union or other excepted/representative body and the number of employees involved is not insignificant.
An excepted body must be independent and not under the control of the employer. The Labour court may consider the establishment function and administration of the body take into account the frequency of elections of employees finance and resourcing and length of time it has been in existence and prior collective-bargaining.
The Labour Court may undertake a benchmarking exercise against comparable workers in similar employment. The Labour Court may issue a recommendation which may ultimately become binding. There is a defence to a recommendation where the employer can show that pay and conditions are in line with comparable employers in the market.
Other Workplace Institutions
The Health and Safety Authority is the Irish equivalent of the UK Health and Safety Executive. Their functions are very similar. The authority promotes health and safety at work. It acts as investigator, enforcer and as a prosecutor in the case of breaches
Historically, its predecessors administered the same Factories Act that applied in the UK. Irish health safety and welfare at work legislation was reformed in the 1980s in line with UK reforms in the 1970s to take a general high-level approach to occupational health safety and welfare in place of the earlier approach in each jurisdiction which contained numerous detailed sectoral rules. A significant body of occupational health and safety legislation derives from the European Union and is identical in the UK and Ireland.
In a very small number of sectors, Joint Labour committee fix minimum remuneration and terms of employment. Bodies representative of employers and employees are involved in making annual employment regulation orders.
In another small number of sectors, including in particular construction, there are registered employment agreements. They embody agreements between representatives of employers and trade unions and have the force of law. In most sectors employment agreements are entered either at the local or industry level in relation to terms and conditions of employment. Their terms may be incorporated into the employment contract in the same way as in the UK.
Other Workplace Institutions
The Health and Safety Authority is the Irish equivalent of the UK Health and Safety Executive. Their functions are very similar. The authority promotes health and safety at work. It acts as investigator enforcer and as a prosecutor in the case of breaches
Historically its predecessors administered the same Factories Act that applied in the UK. Irish health safety and welfare at work legislation was reformed in the 1980s in line with UK reforms in the 1970s to take a general high-level approach to occupational health safety and welfare in place of the earlier approach in each jurisdiction which contained numerous detailed sectoral rules. A significant body of Occupational Health & Safety legislation derives from the European Union and is identical in the UK and Ireland.
In a very small number of sectors Joint Labour committee fix minimum remuneration and terms of employment. Bodies representative of employers and employees are involved in making annual employment regulation orders.
In another small number of sectors, principally construction there are registered employment agreements. They embody agreements between representatives of employers and trade unions and have the force of law. In most sectors employment agreements are entered either at the local or industry level in relation to terms and conditions of employment. Their terms may be incorporated into the employment contract in the same way as in the UK.