Q.18. Write a short note on labour court.
Ans. The Labour Court was established to provide a free, comprehensive service for the resolution of disputes about industrial relations, equality, organisation of working time, national minimum wage, part-time work, fixed-term work, safety, health and welfare at work, information and consultation matters.
The Labour Court is not a court of law. It operates as an industrial relations tribunal hearing both sides in a case and then issuing a Recommendation (or Determination/Decision/Order, depending of the type of case) setting out its opinion on the dispute and the terms on which it should be settled.
The Labour Court is a court of last resort – cases should only be referred to the Court when all other efforts to resolve a dispute have failed.
Functions of the Labour Court: -
The Labour Court provides a free, comprehensive service for the resolution of industrial relations disputes and deals also with matters arising under employment equality, organisation of working time, national minimum wage, part-time work, fixedterm work and safety, health and welfare at work legislation. The Labour Court is not a court of law. It operates as an industrial relations tribunal, hearing both sides in trade disputes and then issuing Recommendations setting out its opinion on the dispute and the terms on which it should be settled. While these Recommendations are not binding on the parties concerned, the parties are expected to give serious consideration to the Court’s Recommendation. Ultimately, however, responsibility for the settlement of a dispute rests with the parties. When dealing with cases involving breaches of registered employment agreements, the Labour Court makes legally binding orders. Also, the Court’s determinations under the Employment Equality, Pensions, Organisation of Working Time, National Minimum Wage, Industrial Relations (Amendment), Protection of Employees (Part-Time Work), Protection of Employees (Fixed-Term Work) and Safety, Health and Welfare at Work Acts are legally binding.
Current Functions of the Labour Court are to: -
(Industrial Relations)
- Investigate trade disputes under the Industrial Relations Acts, 1946 to 2004
- Investigate, at the request of the Minister for Enterprise, Trade and Employment, trade disputes affecting the public interest, or conduct an enquiry into a trade dispute of special importance and report on its findings
- Hear appeals of Rights Commissioners’ recommendations under the Industrial Relations Acts.
- Establish Joint Labour Committees and decide on questions concerning their operation
- Register, vary and interpret employment agreements.
- Register Joint Industrial Councils.
- Investigate complaints of breaches of registered employment agreements.
- Investigate complaints of breaches of codes of practice made under the Industrial Relations Act, 1990 (following consideration of the complaint by the Labour Relations Commission)
- Give its opinion as to the interpretation of a code of practice made under the Industrial Relations Act, 1990.
- Investigate disputes (where negotiating arrangements are not in place) under the Industrial Relations (Amendment) Act, 2001 as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004.
- (Equality)
- Hear appeals of decisions and recommendations under the Employment Equality Act, 1998 and the equality provisions of the Pensions Act, 1990.
- Hear appeals of Non-discrimination Notices and Substantive Notices issued by the Equality Authority.
- (Organisation of Working Time)
- Approve working time agreements under the Organisation of Working Time Act, 1997.
- Hear appeals of Rights Commissioners’ decisions under the Organisation of Working Time Act, 1997.
- Investigate complaints of the non-implementation of Rights Commissioners’ decisions under the Organisation of Working Time Act, 1997.
- (National Minimum Wage)
- Hear appeal of Rights Commissioners’ decisions under the National Minimum Wage Act, 2000.
- Investigate complaints of the non-implementation of Rights Commissioners’ decisions under the National Minimum Wage Act, 2000.
- Hear applications for exemption from the provisions of the National Minimum Wage Act, 2000.
- (Part-Time Work)
- Approve collective agreements regarding casual part-time employees under the Protection of Employees (Part -Time Work) Act, 2001.
- Hear appeals of Rights Commissioners’ decisions under the Protection of Employees (Part-Time Work) Act, 2001.
- Investigate complaints of non-implementation of Rights’ Commissioners’ decisions under the Protection of Employees (Part-Time Work) Act, 2001.
- (Fixed-Term Work)
- Hear appeals of Rights Commissioners’ decisions under the Protection of Employees (Fixed-Term Work) Act, 2003.
- Investigate complaints of non-implementation of Rights’ Commissioners’ decisions under the Protection of Employees (Fixed-Term Work) Act, 2003.
- (Safety, Health and Welfare at Work)
- Hear appeals of Rights Commissioners’ decisions under the Safety, Health and Welfare at Work Act, 2005.
- Investigate complaints of non-implementation of Rights’ Commissioners’ decisions under the Safety, Health and Welfare at Work Act, 2005.
