At the beginning of April, Minister Richard Bruton launched a detailed plan outlining the reforms he was looking for in the current Employment Rights and Industrial Relations bodies in Ireland.
This Blueprint document details the proposed shape of the new workplace relations structures that Minister Bruton hopes to have in place by the end of the current year, and was looking for all interested stakeholders to submit their own proposals and suggestions for the plan.
Peninsula Ireland has submitted their own proposal on the blueprint document and whilst the plan is a positive step towards reform and promotes efficient and effective mechanisms to develop harmonious and productive workplaces aimed at resolving issues in the first instance, there are some points that we feel must be addressed prior to implementation. Some of the keys areas identified in the submission were:
- The Blueprint states on page 13 that the Code of Practice: Grievance and Disciplinary Procedures, S.I. No. 146 of 2000 will be revised to take into account Small Owner Managed Businesses. Whilst this is a fantastic proposal and most welcome by employers, the current code makes no reference to an Appeals Procedure, which as it stands is being expected of employers by the Dispute Resolution Bodies. Employers are being taken to task with limited exceptions on this matter, and although no legislative requirement to afford a right of appeal, employers are being expected to follow a multi-layered process that is more reflective of a multinational corporation than the small owner-managed business. Clear guidance on this matter and how the appeals process should be conducted would be a welcome addition to the Code of Practice.
- The plan has made huge steps in the reform of Judgements made by the Dispute Resolution Bodies, however, it could go further and detail the manner in which levels of compensation would be applied by Adjudicators, and provide some consistency to this system. Now is an ideal opportunity to review this and provide a complete breakdown as to how awards may be applied.
- The Minister has Championed the issue of Early Resolution and provided clear guidance as to how the new system will assist this concept, however, currently the dispute resolution bodies are happy for parties to have disputes resolved by way of a settlement agreement, yet no guidance is provided by the Government in the Employment Law sphere as to how these should be drafted. In the spirit of Early Resolution and making the system more accessible to stakeholders, a standard template designed to encourage their usage should be made available to parties, thus ensuring that at the very least the minimum requirements are met and guidance is provided in the administration of such agreements.
- Employees seeking to claim must provide sufficient detail of the wrong they have suffered on their application form. Too often claim papers are submitted which simply state "I have been unfairly dismissed", "I have been discriminated against" or in more recent experience, "I think I did not get all of my holidays". It is submitted that a person should not be entitled to take their claim forward without providing a factual background of their case as the Employer is currently walking into adjudication with no real idea of the allegations against them, which could be construed as a breach of fair procedures and the employers constitutional right to natural justice.
It's important to reiterate that this new plan is a huge step forward in terms of reform, and the Government should be commended for this. Now is the time to make the necessary changes to ensure that the proposed system functions as intended, and will not be a remnant of the old adversarial system.
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