The number of cases referred to the Labour Court in 2008 rose 28 per cent over the previous year, according to its annual report published today.
Noting recent changes in the nature of cases referred, Kevin Duffy, chairman of the court, said: “From a situation where disputes coming to the court were, in the main, about sharing the fruits of success, over recent months they are more likely to be about influencing the effects of the economic downturn on workers and their employers."
He pointed out that referrals to each of the four State bodies that work to resolve workplace disputes - the Labour Court, the Labour Relations Commission Conciliation Service, the Rights Commissioner Service and the Employment Appeals Tribunal - all rose in 2008. A total of 18,853 registered for all bodies in 2008 an increase of 30 per cent on the 2007 level.
According to Mr Duffy, the main factor in this trend was an increase (from 198 to 355) in the number of complaints alleging breaches of Registered Employment Agreements (REAs). In 2008, these accounted for 30 per cent of all cases coming to the court.
“While it is inevitable that the rapidly changing national economic situation will impact on the work of the State’s employment dispute resolution agencies into the mid-term future, this increase may not be entirely attributable to the country’s changed economic circumstances," he said.
Mr Duffy pointed out that last year saw a continuation of the trend in which the court's work was moving from resolution of industrial relations issues to determining complaints of breaches of statutory employment rights. Referrals under various employment rights statutes now accounted for 25 per cent of the cases coming to the court.
“Not alone are such cases generally far more time-consuming than industrial relations cases, often raising significant issues of both domestic and European law, but the court has also been required to adapt its procedures in these cases so as to reflect the legal principles inherent in the determination of legal rights and responsibilities."
Mr Duffy also referred to the time taken up by the Labour Court in addressing issues raised in legal challenges in the High Court to the systems for the regulation of pay and conditions that are provided under REAs and Employment Regulation Orders (EROs).
As well as raising issues specific to particular REAs or EROs, these challenges also raised the constitutionality of the legislative provisions under which they were made.
Nonetheless, Mr Duffy said it was noteworthy that the arrangements which these instruments provide were still supported by employers and workers in a board range of sectors.
“The High Court has yet to decide on the constitutional issues raised, and in the meantime the Labour Court will continue to operate the systems in accordance with the current legal provisions” he said.
The Labour Court was established as a "court of last resort" 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 and fixed-term work matters.
The body works as an industrial relations tribunal, hearing both sides in a case and then issuing a recommendation setting out its opinion on the dispute and the terms on which it should be set.
