Unfairly dismissed workers to benefit from key reforms

WORKERS who feel they have been unfairly dismissed from their job could soon benefit from reforms recommended in the operations of the Employment Appeals Tribunal.

The Minister for Labour Affairs Tony Killeen yesterday announced proposals for a speedier and inexpensive disputes process following the publication of the tribunal’s Procedures Revision Group.

One of the main recommendations is the proposal to introduce the facility to hold a preliminary meeting between claimants and their former employer to clarify the issues in dispute.

The review group believes such a mechanism could avoid substantive hearings of the full Tribunal and even lead to an early settlement.

It is hoped to also speed up the full cases coming to hearing as there is currently a six-month delay in Dublin and a 12-month delay outside the capital.

The review group was established last February to examine the tribunal’s procedures with the aim of advising the Government on how to improve its service. It consisted of members of the tribunal, officials of the Department of Enterprise, Trade and Employment and representatives of Ictu and Ibec.

However, a decision on implementation of the recommendations will rest with the incoming Minister for Labour Affairs who is expected to be announced shortly.

Commenting on the report, Mr Killeen said the tribunal was a key mechanism in the State’s dispute resolution process.

The group’s chairman, Seán Ó Riordáin said it was concerned that 70% of successful applicants felt the need to have legal representation which they must pay for themselves.

“The maximum permissible award of two years’ salary is eaten up in legal fees,” observed Mr Ó Riordáin. “The court-like procedures and practices are diametrically opposed to what was originally envisaged. Urgent reform is a must.”

A total of 3,480 new cases were referred to the tribunal last year, while it also disposed of 3,169 cases over that period.

Overall, the tribunal dealt with 1,138 cases relating to unfair dismissal claims in 2006. Such claims account for the vast bulk of work carried out by the tribunal with adjudication on unfair dismissal cases accounting for 95% of its workload in terms of time spent at hearings.

The tribunal awarded compensation worth over €2.6m in 221 cases last year, representing an average payout of €11,887 per successful applicant.