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CHANGING APPROACHES IN INDUSTRIAL RELATIONS THE REPUBLIC OF IRELAND/NORTHERN IRELAND AND THE UK 21 ST November 2005

CHANGING APPROACHES IN INDUSTRIAL RELATIONS THE REPUBLIC OF IRELAND/NORTHERN IRELAND AND THE UK 21 ST November 2005. LEGAL DEVELOPMENTS MARGUERITE BOLGER, Barrister -at-Law. Introduction 1.      The increased jurisdiction of the Rights Commissioner Service; Legal Implications.

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CHANGING APPROACHES IN INDUSTRIAL RELATIONS THE REPUBLIC OF IRELAND/NORTHERN IRELAND AND THE UK 21 ST November 2005

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  1. CHANGING APPROACHES IN INDUSTRIAL RELATIONSTHE REPUBLIC OF IRELAND/NORTHERN IRELAND AND THE UK 21ST November 2005 LEGAL DEVELOPMENTSMARGUERITE BOLGER, Barrister-at-Law

  2. Introduction1.      The increased jurisdiction of the Rights Commissioner Service; Legal Implications. • The Adoptive Leave Act 1995.The Carers Leave Act 2001.The European Communities (Protection of Employment) Regulations 2000The European Communities (Protection of Employees of Transfer of Undertakings) Regulations 2003.The Industrial Relations Acts 1946 – 2001.The Maternity Protection Act 1994.The National Minimum Wage Act 2000.The Organisation of Working Time Act 1997The Parental Leave Act 1998The Payment of Wages Act 1991The Protection of Employees (Part Time Work) Act, 2001The Protection of Employees (Fixed Term Work), Act 2003The Protection of Young Persons (Employment) Act 1996The Terms of Employment (Information) Act 1994 and 2001

  3. 1.1              The Entitlement of the Rights Commissioner to direct its procedures Ryanair Limited –v- The Labour Court and IMPACTRoyal Liver Assurance Limited v Macken and Others Aer Lingus Teo. –v- The Labour Court

  4. 1.2 Procedures before the Rights Commissioner- Rules of evidence - Cross examination 1.3 Increased jurisdiction into the future

  5. 1.4              User Satisfaction with the Rights Commissioner Service

  6. 2. The effectiveness of the Rights Commissioner Service • Informal, user friendly format • Ability to deal with serious conflicts of evidence? • Speed • Recommendations • Costs

  7. 3. Some significant recent case law • 3.1Impact v Dept of FinanceProtection of Employees (Fixed Term Work) Act, 2003Compensation Contracts of indefinite duration Permanent established civil servants • 3.2 The Direct Effect of European DirectivesHenderson –v- Scoil IosagainProtection of Employees (Part Time) Work Act 2001

  8. 4. Recent changes in Industrial Relations law • The Industrial Relations (Amendment) Act 2001 • The Industrial Relations (Miscellaneous Provisions) Act 2004

  9. 4.1 Background to the legislation • High level group on trade union recognition • Time Frames • Sustaining Progress Social Partnership Agreement 2003 – 2005 • Industrial Relations (Miscellaneous Provisions) Act, 2004 and the Industrial Relations Act 1990 (Enhanced Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2004

  10. 26 weeks -> 34 weeks • Enforcement of a determination by the Circuit Court • Victimisation

  11. The Process Advisory Officer Labour Court Circuit Court

  12. Pre-requisites to the involvement of the Labour Court: Section 2 of ActSection 2 • Ryanair v The Labour Court and Impact1.There must a trade dispute in being • Ryanair • Nolan Transport

  13. 2.      It is not the practice of the employer to engage in collective bargaining negotiations 2. (i) Collective Bargaining 2.(ii) Practice

  14. 3. That the internal dispute resolution procedures normally used by the parties concerned have failed to resolve the dispute. 3. (i) The parties 3. (ii) Normally Used 3. (iii) Internal Dispute Resolution Procedures

  15. 4. That the employer has been frustrated in observing a provision of a code of practice5. Industrial action after the dispute question was referred to the Commission

  16. The substantive powers of the Labour Court under the Act • Sections 5 and 6 • Terms out of line with accepted standards

  17. Does the Legislation force Trade Union Recognition?

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