Minister Killeen announces reform of the Employment Appeals Tribunal procedures

“Reform should provide employees and employers with a fair, speedy, inexpensive and informal process” - Killeen

Mr Tony Killeen TD, Minister for Labour Affairs, today (Thursday 14^th June 2007) published the Report of the Employment Appeals Tribunal (EAT) Procedures Revision Group. The Minister set up the group in Feburary 2007 to examine the procedures of the EAT with the aim of improving its service to its customers.

The review group was made up of members of the EAT, Department officials, and representatives nominated by ICTU and IBEC and chaired by Mr. Sean O’Riordain, Vice Chairman of the Tribunal, and Former General Secretary of the Association of Higher Civil Servants.

The Group made a number of recommendations and also identified other issues outside of its remit which it recommended warranted further consideration. It will fall to the incoming Minister to consider these recommendations and other issues.

Publishing the report Minister Killeen said “The EAT is a valuable service to both employees and employers and is a key mechanism in the State’s dispute resolution process. The major reform of the procedures of the EAT identified in this report should I believe ensure that all parties have a process which is fair, speedy, inexpensive and informal”.

Continuing Minister Killeen said “One of the key recommendations of this report is the introduction of a preliminary process prior to a substantive hearing. I believe its introduction will speed up the process, clarify the issues in dispute and potentially lead to an early settlement between parties. I have therefore asked my officials to put in train the steps necessary to enable the early introduction of this important new procedure”, the Minister added.

The Minister also said, “An increase in the numbers of Vice Chairmen and Ordinary Tribunal members earlier this year, together with this revision of Tribunal procedures, when implemented, should greatly enhance the service to the customers of the Tribunal around the country”.

In conclusion the Minister expressed his gratitude to the Chairman, Social Partner representatives and Vice Chairmen and Members of the Tribunal and other representatives for their work on this important Review Group.

You can access the Report and Appendices through the following links:

http://www.djei.ie/publications/employment/2007/EATProceduresrevisiongroup.pdf

http://www.djei.ie/publications/employment/2007/EATappendices.pdf

ENDS/LA 239

Notes for Editors

Recommendations

• Preliminary Process

The group recommends that an interim or form of preliminary process be statutorily established. This process would take the form of a pre-examination of each case by a member of the Tribunal where all parties would be required to attend and give an outline of their respective positions.

• Substantive hearing

It was agreed that, in light of the preliminary process, the procedure for a substantive hearing could be less formal and more focused.

• Objective

Procedures should be speedy, inexpensive, fair and, as far as possible, informal. These should be given statutory effect in a revised Statutory Instrument governing the procedures of the Tribunal.

• Tribunal Determinations

Determinations should be issued without undue delay, made publicly available on the EAT website, and be legally consistent.

• Submissions of Claim/Appeal and Response

Information to the EAT at the outset should be maximised, and the group recommends that the application and response forms should be expanded.

• Settlements and Consent Determinations

The Tribunal should be given power to issue Determinations on an agreed basis where the parties had agreed a settlement of a case. (This would have the effect of giving Tribunal imprimatur to a settlement in much the same way as a civil Court can do).

• Additional Changes to Existing Statutory Instruments

The group recommends that provision be made to enable the Tribunal to facilitate expansion of claims in appropriate circumstances. This means that if during a hearing it became obvious that an appellant would be entitled to relief under other employment rights legislation , eg a minimum notice payment but had not applied for it in the first instance , he should, in all justice, not be barred from the entitlement because he had not applied for it on his application form.

• Periodic Review

A standing Rules Review Group should be established and the operation of the revised procedures should be reviewed in consultation with the Social Partners after the first year of operation.