Page 11 - Workplace Relations Guide to Employment Law

For the purposes of hearing cases, the Court
operates in Divisions – a Division consists 4 Redundancy Payments Acts, 1967 to
of a Chairman, an Employers’ Member and a 2014
Workers’ Member. Certain issues may require 4 Minimum Notice and Terms of
a meeting of the full Court. Employment Acts, 1973 to 2005
4 Unfair Dismissals Acts, 1977 to 2015
The Industrial Relations Acts 1946 – 2015
assign various functions to the Court. These
functions are mainly concerned with the Appeals of Rights Commissioner
investigation of trade disputes and the recommendations made before 1st October,
issuing of recommendations on how the 2015 (legacy appeals) under Terms of
dispute should be resolved. The Labour Court Employment, Payment of Wages, Unfair
is not a court of law. Effectively, for most Dismissal, Redundancy (Consultation and
purposes, the Labour Court acts as a court of Information), Maternity Protection, Adoptive
last resort i.e. the services of the Court are Leave, Carer’s Leave, Parental Leave, Protection
availed of when the other options for the of Young Person’s (Employment), Consumer
resolution of industrial relations disputes Protection (penalisation), Competition
have been explored and exhausted. (penalisation), Chemicals (penalisation) and
Transfer of Undertakings legislation are dealt
The Labour Court also acts as a court with by the Employment Appeals Tribunal.
of appeal in relation to the decisions
of Workplace Relations Commission Note that in accordance with the Workplace
Adjudication Officers and compliance notices Relations Act 2015 all complaints and
issued by Commission inspectors. The disputes under employment, equality and
Workplace Relations Act 2015 provides that equal status legislation which were presented
the Court has sole appellate jurisdiction in after 30th September, 2015 will be dealt with
all disputes arising under employment right by the Workplace Relations Commission.
enactments.
The EAT will remain in place to deal
with legacy complaints and appeals on
Employment Appeals Tribunal completion of which it will be dissolved.
Updates in this regard are available on
www.workplacerelations.ie.
The Employment Appeals Tribunal (EAT) is
an independent body bound to act judicially,
and was set up to provide a fair, inexpensive Low Pay Commission
and informal means for individuals to seek
remedies for alleged infringements of their
statutory rights. The remit of the Low Pay Commission (LPC) is to
recommend levels for the minimum wage rates
The Tribunal deals with first instance that will help as many low-paid workers as
employment rights complaints which were possible without any significant adverse impact
presented before 1st October, 2015 (legacy on employment or the economy. The advice the
complaints) under the following legislation LPC offers the Government to achieve this is
based on the best available evidence.

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