Work on the JLC reviews and the Codes of Practice is underway – Minister Bruton
Speaking at an Employment Law Association of Ireland Conference titled: “Current Fundamental Issues in Employment Law” on 28 September 2012, the Minister for Jobs, Enterprise and Innovation, Richard Bruton confirmed that work on the review of JLC’s and key Codes of Practice is underway.
During the course of an address that dealt with a wide range of issues, Minister Bruton addressed the fact that the Industrial Relations (Amendment) Act 2012 was enacted on 24 July 2012 and commenced on 1 August 2012. He highlighted that
- the Act provides for a radical overhaul of the system in order to make it fairer and more responsive to changing economic circumstances and labour market conditions.
- it reinstates a robust system of protection for low paid and vulnerable workers in these sectors in the aftermath of the 2011 High Court ruling in the John Grace Fried Chicken case.
- it provides for more wide-ranging measures required to strengthen the legal framework for EROs and REAs in light of legislative deficiencies identified in the High Court judgment.
- it provides that reviews of the JLCs will be carried out by the Labour Court, as soon as practicable after its commencement. The outcome of these reviews will inform the Labour Court as to whether any JLC should be maintained in its current form, amalgamated with another JLC or its establishment order amended.
Minister Bruton also indicated that he has has asked the Labour Court to begin the abolition of three JLCs that had been identified as no longer fulfilling a function in the Duffy-Walsh Report.
He has also asked the Labour Relations Commission to begin work on two Codes of Practice.
- The first on Sunday Working, will provide guidance to employers, employees and their representatives in sectors covered by EROs, on arrangements that may be put in place to comply with the options specified in the Organisation of Working Time Act, 1997.
- The second will address the standardisation of benefits in the nature of pay – including overtime and how and when it becomes payable – across sectors covered by JLCs.
The Minister confirmed his understanding that preparatory work on the JLC reviews and the Codes of Practice is underway.
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Absence of employment contract and staff handbook cited in recent determination
Determination of Employment Appeals Tribunal: -
"Apart from it being a legal requirement the issuing of terms and conditions of employment to employees is of mutual benefit to all concerned. It gives a reference point in the employer/employee relationship. An absence of that document together with no contract of employment is a recipe for misunderstandings and indeed disputes. In addition no staff handbook containing a disciplinary and grievance procedure was in evidence in this case. Again this is a major flaw in the conduct of the respondent when dealing with staff.
When an employer instructs an employee to leave the workplace for no good reason it is not unreasonable for the employee to consider him/herself dismissed. When that instruction is done in an abusive aggressive manner then it is very reasonable for the listener to conclude she/he has lost their job. In these circumstances the Tribunal finds that the claimant was dismissed and that this dismissal was unfair. Accordingly, the claim under the Unfair Dismissals Acts, 1977 to 2007 succeeds and the claimant is awarded €12,290.98 as compensation under those Acts.
The appeal under the Minimum Notice and Terms of Employment Acts is allowed and the appellant is awarded €709.02 as compensation under those Acts."
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Failure to provide written terms and conditions of employment - award upheld at EAT
This was another appeal held this summer on a Rights Commissioner recommendation where the employee was awarded €900 as he had not been provided with written terms and conditions of employment. The employer in this case appealed the recommendation on the basis that the award would place an unreasonable financial strain on the employer as he had already reduced his employee numbers and was operating at a loss. He also put forward that the employee had suffered no loss or detriment as the written terms and conditions of employment given to him post termination of employment were the same as the unwritten terms and conditions in place during his employment.
The employee held that not having written terms and conditions of employment was detrimental to him as he did not know what to do when he was made redundant. He put forward that if he had been in possession of such a document he would have been better equipped to raise a grievance in respect of that redundancy.
The Employment Appeals Tribunal upheld the recommendation of the Rights Commissioner, being satisfied that the employees had not been given his terms and conditions of employment, in writing, within two months of commencing employment as required under the Terms of Employment (Information) Acts, 1994 and 2001.
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