Transcript CHANGING APPROACHES IN INDUSTRIAL RELATIONS THE …

CHANGING APPROACHES IN INDUSTRIAL RELATIONS
THE REPUBLIC OF IRELAND/NORTHERN IRELAND AND THE UK
21ST November 2005
LEGAL
DEVELOPMENTS
MARGUERITE BOLGER,
Barrister-at-Law
Introduction
1. The increased jurisdiction of the Rights Commissioner Service;
Legal Implications.

The Adoptive Leave Act 1995.
The Carers Leave Act 2001.
The European Communities (Protection of Employment)
Regulations 2000
The European Communities (Protection of Employees of
Transfer of Undertakings) Regulations 2003.
The Industrial Relations Acts 1946 – 2001.
The Maternity Protection Act 1994.
The National Minimum Wage Act 2000.
The Organisation of Working Time Act 1997
The Parental Leave Act 1998
The Payment of Wages Act 1991
The Protection of Employees (Part Time Work) Act, 2001
The Protection of Employees (Fixed Term Work), Act 2003
The Protection of Young Persons (Employment) Act 1996
The Terms of Employment (Information) Act 1994 and 2001
1.1
The Entitlement of the Rights Commissioner to direct its procedures
Ryanair Limited –v- The Labour Court and
IMPACT
Royal Liver Assurance Limited v Macken and
Others
Aer Lingus Teo. –v- The Labour Court
1.2
Procedures before the Rights Commissioner
- Rules of evidence
- Cross examination
1.3
Increased jurisdiction into the future
1.4
User Satisfaction with the Rights
Commissioner Service
2.
The effectiveness of the Rights Commissioner
Service

Informal, user friendly format

Ability to deal with serious conflicts of evidence?

Speed

Recommendations

Costs
3.

Some significant recent case law
3.1
Impact v Dept of Finance
Protection of Employees (Fixed Term Work) Act, 2003
Compensation
Contracts of indefinite duration
Permanent established civil servants

3.2
The Direct Effect of European Directives
Henderson –v- Scoil Iosagain
Protection of Employees (Part Time) Work Act 2001
4. Recent changes in Industrial Relations law
 The
Industrial Relations
(Amendment) Act 2001
 The
Industrial Relations
(Miscellaneous Provisions) Act
2004
4.1
Background to the legislation

High level group on trade union recognition

Time Frames

Sustaining Progress Social Partnership Agreement
2003 – 2005

Industrial Relations (Miscellaneous Provisions) Act,
2004 and the Industrial Relations Act 1990
(Enhanced Code of Practice on Voluntary Dispute
Resolution) (Declaration) Order 2004

26 weeks -> 34 weeks

Enforcement of a determination by the
Circuit Court

Victimisation
The Process
Advisory Officer
Labour Court
Circuit Court

Pre-requisites to the involvement of the Labour
Court: Section 2 of Act
Section 2

Ryanair v The Labour Court and Impact
1.
o
o
There must a trade dispute in being
Ryanair
Nolan Transport
2. It is not the practice of the employer to
engage in collective bargaining negotiations
2.(i)
Collective Bargaining
2.(ii)
Practice
3. That the internal dispute resolution
procedures normally used by the parties
concerned have failed to resolve the dispute.
3. (i)
The parties
3. (ii)
Normally Used
3. (iii)
Internal Dispute Resolution
Procedures
4. That the employer has been frustrated in
observing a provision of a code of practice
5. Industrial action after the dispute
question was referred to the Commission
 The
substantive powers of the Labour
Court under the Act
 Sections
 Terms
5 and 6
out of line with accepted
standards
Does the Legislation force Trade
Union Recognition?