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. The Adoptive Leave Act The Carers Leave Act The European Communities (Protection of Employment) Regulations 2000 The European Communities (Protection of Employees of Transfer of Undertakings) Regulations The Industrial Relations Acts 1946 – The Maternity Protection Act The National Minimum Wage Act The Organisation of Working Time Act 1997 The Parental Leave Act 1998 The Payment of Wages Act 1991 The Protection of Employees (Part Time Work) Act, 2001 The Protection of Employees (Fixed Term Work), Act 2003 The Protection of Young Persons (Employment) Act 1996 The Terms of Employment (Information) Act 1994 and 2001

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

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

1.4 User Satisfaction with the Rights Commissioner Service

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

3. Some significant recent case law  3.1 Impact v Dept of Finance Protection of Employees (Fixed Term Work) Act, 2003 Compensation Contracts of indefinite duration Permanent established civil servants  3.2The Direct Effect of European Directives Henderson –v- Scoil Iosagain Protection of Employees (Part Time) Work Act 2001

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

4.1Background 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

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

The Process Advisory Officer Labour Court Circuit Court

Pre-requisites to the involvement of the Labour Court: Section 2 of Act Section 2 Ryanair v The Labour Court and Impact 1. There must a trade dispute in being o Ryanair o Nolan Transport

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

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

4. That the employer has been frustrated in observing a provision of a code of practice 5. Industrial action after the dispute question was referred to the Commission

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

Does the Legislation force Trade Union Recognition?