Changes for Employee & Employment regarding Workplace Grievances

Are you an Employer?

Then you should probably take note of proposed changes ahead and reform for employee or employment based actions in regard to workplace grievances.

There are major changes planned under the Workplace Relations Bill 2013, which is yet to be published by government but is currently anticipated to make its way on to the Statue Books.

 

The government intend to disband the following statutory institutions.

  1. Employment Appeals Tribunal
  2. Equality Tribunal
  3. The National Employment Rights Agency
  4. The Labour Relations Commission
  5. The Right Commissioner Service

 

In place of the above bodies will be the new Workplace Relations Commission, through which all employee claims arising out of a person’s employment will be dealt with.

The Commission has provided for an early resolution service available to complainants, on a voluntary basis, and will very much be mediation service between employer and employee.

In the event that the early resolution service does not help to reach a compromise, the dispute is then referred to a single member of the Workplace Relations Commission.

The Workplace Relations Commission adjudicator can then make a binding determination, and there is an automatic right of appeal to the Labour Court.

One point of interest to note is that there is no further automatic right of appeal from the Labour Court, however a point of Law can, as would automatically be the situation, be referred to the High Court by means of an application for Judicial Review.

One area that has been specifically streamlined is that of the complaints forms, and while there may have been up to 34 different forms in the past, encompassing all the different employment based complaints under the new proposed provisions, all complaints are dealt with on the one uniform application form.

As it currently stands the Workplace Relations form, must be completed online, and then printed off and forwarded to the Department of Jobs Enterprise and Employment.

The proposed changes signal a salient departure from employment based actions or disputes being litigated either directly or by means of an appeal via the countries Courts, and whether you agree or disagree with these proposed changes, if implemented, it is highly likely to cause a significant shift in the manner in which employment based disputes are dealt with in the future.

Should you have any queries in respect any of the above issues raised, or should you have any employment based queries please feel free to contact us at Carter Anhold Employment Solicitors Sligo on 071 91 62211 or email us on info@carteranhold.ie

 

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