Sustaining Progress - Department of Taoiseach

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Further Development of Employee Representation 8.8 It is agreed by the trade union and employer organisations that there is a need to enhance the effectiveness of the procedures put in place in the Code of Practice on Dispute Resolution and the Industrial Relations (Amendment) Act, 2001. 8.9 The following measures have been agreed for this purpose: ■ the introduction of an indicative overall time-frame targeting 26 weeks - with provision for up to a maximum of 34 weeks where necessary - for the processing of cases under the Dispute Resolution Code and Act to the point of issuance of a determination, save when an extension is agreed by the parties; ■ the amendment of Section 2 of the Act to provide that engagement by the Court could now take place on the basis of a breach of the time-frames within the Code, the exhaustion of the timeframes or the indication at any time by the Labour Relations Commission that it is unable to assist the parties. These provisions would be substituted for the existing Section 2(1)(b), while preserving the remainder of the Section; ■ the amendment of Section 3 so as to allow the Court to combine both the preliminary and substantive hearings, where it considers this to be appropriate; ■ the removal of the provision in the Act for the Labour Court to review a determination, prior to seeking enforcement of a determination by the Circuit Court, by deleting section 9 and amending section 10 to provide for an entitlement for the trade union or excepted body to apply to the Circuit Court for the enforcement of a determination immediately - or on expiry of whatever implementation period is provided for in the determination; ■ the introduction of a new Code setting out the different types of practice which would constitute victimisation arising from an employee’s membership or activity on behalf of a trade union or a manager discharging his or her managerial functions, or other employees, drawing, as appropriate, for consideration, on relevant definitions in existing Codes and legislation and best practice; ■ the amendment of the Act to provide that the Labour Court should have regard to breaches of the Anti-Victimisation Code and where appropriate should provide for redress in making its determinations; and ■ transitional provisions will be developed to allow for the processing of cases in current disputes where access to the Code of Practice on Dispute Resolution as at the date of agreement is not available. 8.10 The Government undertakes to resource the Labour Relations Commission and Labour Court so as to enable them to process claims in a timely manner. The timeliness with which claims under this section of the Agreement are processed will be reviewed on an ongoing basis in consultation with the parties. Part 2 Pay and the Workplace 83
Part 2 Sustaining Progress 84 8.11 It is agreed that over a period of 5 weeks from the ratification of the Agreement, the Government, in consultation with trade union and employer representatives, will develop proposals for enhancing the existing procedures. The Bill to give effect to these proposals will be published at the earliest possible date in the first half of 2003.
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Sustaining Progress Social Partners
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Foreword Sustaining Progress 2 Fore
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Overview Sustaining Progress 6 Over
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Part One A Policy Framework for Sus
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Chapter 1 Sustaining Progress 12 1.
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Sustaining Progress - Department of Taoiseach

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