Key Provisions under the new Workplace Relations Bill 2014

Key Provisions under the new Workplace Relations Bill 2014

On the 30^th July, the Department of Jobs, Enterprise and Innovation published the Workplace Relations Bill 2014 (the “Bill”). 

The Bill aims to streamline the existing framework for the resolution of complaints under employment legislation and industrial relations complaints and disputes, with the Government's stated objective of delivering a “world-class workplace relations service which is simple to use, independent, effective, impartial, cost effective and provides for workable means of redress and enforcement, within a reasonable period of time”.

Key reforms proposed are:

• The functions currently fulfilled by the Labour Relations Commission, the Equality Tribunal, the Employment Appeals Tribunal (at first instance) and the National Employment Rights Authority (NERA) will be amalgamated into a single body to be known as the Workplace Relations Commission (the “WRC”).
• The new structure will comprise of two statutory independent bodies: the WRC which will deal with workplace complaints in the first instance and the Labour Court which will hear all appeals from the WRC. The Labour Court will be reconfigured to deal with its expanded jurisdiction. The appellate function of the EAT will be incorporated into the expanded Labour Court.
• Existing functions of the Labour Relations Commission (including conciliation, workplace mediation, and advisory services) will carried out by the WRC.
• The Labour Relations Commission and the Employment Appeals Tribunal will be dissolved following completion of all cases referred to them prior to the commencement of the new structure.
• The Bill provides for the appointment of a Director General who shall bear responsibility for the management and business of the WRC. 
• The Bill places emphasis on the early resolution of disputes. An Early Resolution Service will be offered by the WRC in appropriate cases prior to adjudication.  Participation will be voluntary and will not preclude the parties proceeding to adjudication where no agreement is reached. Agreements will be confidential and binding on both parties. A  Mediation Service will also be provided by the WRC similar to that currently provided under the Employment Equality Acts. Again, participation will be voluntary and will not preclude the parties proceeding to adjudication where no agreement is reached. Agreements will be confidential and binding on both parties.
• The Bill introduces a common procedure for the presentation of complaints under employment rights legislation. Broadly speaking, a dispute must be referred within six months and this period can be extended by a further period of six months if the failure to present the complaint during the first 6 month period was due to “reasonable cause”. Proceedings will be conducted in private before an Adjudication Officer. All decisions of Adjudication Officers will be published. An Adjudication Officer may dismiss a vexatious or frivolous claim and such a decision may be appealed to the Labour Court.  An appeal from the decision of an Adjudication Officer will lie to the Labour Court (except in the case of complaints under the Equal Status Acts where the appeal will lie to the Circuit Court) and must be brought within 42 days of the date on which the decision was given to the party. Appeals to the Labour Court will be held in public. A determination of the Labour Court may be appealed to the High Court on a point of law only.
• The Bill consolidates the inspectorate powers of the current Labour/NERA Inspectors and authorised officers of the Minister and provides for the appointment of inspectors by the Director General. Inspectors already appointed under an employment enactment are deemed to be appointed Inspectors. The Inspectors will have extensive powers to include power of entry, inspection etc. Obstruction or non-cooperation with an inspector shall in certain circumstances be an offence. The Bill introduces two new compliance measures: the Compliance Notice and Fixed-Payment Notice, which are intended to secure an employer’s compliance with employment legislation without the need to resort to prosecution, although this remains an option for failure to comply with either form of notice.
• The Bill also provides for new arrangements for the enforcement of decisions of an Adjudication Officer and determinations of the Labour Court through the District Court.

The target date for enactment of the legislation is the end of 2014.

For further information please contact Michael Kennedy or Elaine Kelly.