Question

Outline how you believe Irish Employment Relations landscape affects the balance of power between workers and employers in relation to trade unions and laws (500 words)

Answer 1

The most significant development in Irish employment legislation over the past 70 years is the introduction of the Workplace Relations Commission. The commission will see the amalgamation of National Employment Rights Authority, the Labour Relations Commission, Employment Appeals Tribunal and the Equality tribunal, which will effectively become a single body. All the complaints will be made to the Workplace Relations Commission. It is hoped to replace the older structures with a much more effective, impartial workplace relations service,a more workable means to appeal a decision within a reasonable timeframe and an overall reduction in costs.

Workplace Relations Commission

The new Workplace Relations Commission is also anticipated to be more centralised, unlike the previous systems, in terms of maintaining a database of case information. The end result is designed to bring a better service for both Employers and Employees and much more streamlined, simplified process.

Sectoral Employment Orders

New Sectoral Employment Orders (SEOs) have replaced Registered Employment Agreements (REAs) which were abolished following Supreme Court decision in 2013.

Previously, Employers and Unions would agree pay and conditions for Employees in a particular sector. However,in 2011, the Supreme Court has found this system to be unconstitutional. Following this decision new Employees in such sectors were only entitled to basic protections of the Minimum Wage and Working Time Acts.

Driving to Work is Work

Another decision which is likely to impact Irish Organisations involved a ruling by the European Court of Justice, which has ruled that the time spent travelling to and from the first and the last appointments of the day, by workers without a fixed office should be regarded as working time.

Irish Companies employing workers such as electricians,tradesmen, care workers and sales reps, as well as a range of other Employees, could now be in breach of EU working time regulation according to this ruling. Employees should place careful consideration with Employees travelling to a variety of locations in the course of the working day. Businesses could now be liable to pay for the time of Employees without a fixed working base for their journey time to the first job and from the last job of the day.

Accrual of Annual Leave whilst on Sick Leave

New provisions within the Organisation of Working Time Act have included amendments whereby an Employee on long term certified sick leave can now accrue Annual Leave.

Prior to these changes, the Organisation of Working Time Act 1997 stated that annual leave was calculated on the basis of time worked and was silent on the issue of how time spent on Sick leave should be regarded for the purposes of calculating annual leave.

2015 has been a hugely significant year in terms of Employment Law developments and amendments. Employees should continue to remain cognisant of all facets of Employment Legislation and what's likely to be expected in the future. Preparing where possible for such changes ensures an Organisation is best placed to deal with any issues or problems which may arise from this constantly changing landscape.