Employment Appeals Tribunal
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Employment Appeals in Ireland
Information
The Employment Appeals Tribunal
The Employment Appeals Tribunal is an independent body in Ireland responsible for implementing your rights under protective employment law. This Tribunal hears a wide range of disputes concerning employment rights matters. The Tribunal consists of three people; a Chairperson (with legal qualifications) and one representative each, from panels formed by the trade unions and employer organisations. Anyone sitting on the Tribunal is prohibited from having a personal interest in the case. Hearings are generally open to the public and proceedings may be reported in the media.
The decision of the Tribunal is generally called a "determination" and is legally binding. In most cases, the determination may be appealed to the High Court by either party but only on a point of law. The Minister for Enterprise, Trade and Employment also has power to refer an issue to the High Court at the request of the Tribunal. Under the Unfair Dismissals Acts 1977-2001 and the Maternity Protection of Employees Act 1981, either party may appeal to the Circuit Court within 6 weeks of the determination (the appeal is not confined to a point of law). If no appeal is brought to the Circuit Court and the employer does not implement the determination, the Minister for Enterprise, Trade and Employment may bring proceedings in the Circuit Court on behalf of the employee.
Waiting times for hearings at the Tribunal
At present there is a backlog of cases awaiting hearing by the Employment Appeals Tribunal. If you work in Dublin, you will be waiting for approximately 22-26 weeks before your case is heard. Outside of Dublin, the waiting time varies but can be up to 26 weeks. The longest waiting time for cases is in Cork and in Donegal, where unfair dismissals cases can take up to 1 year to be heard. The Tribunal are working to clear these backlogs. Exact waiting times can be obtained from the Tribunal (see where to apply below).
Other Industrial Relations and Labour Agencies
The Labour Relations Commission
The main function of the Labour Relations Commission (LRC) is to promote the improvement of industrial relations. If you have problems in this area, you may ask the Commission to provide its services to help resolve the dispute.
The Labour Court
The Labour Court may investigate industrial disputes in certain circumstances. You may also appeal to it against decisions of a Rights Commissioner (see below) or an Equality Officer.
Rights Commissioners
The Rights Commissioners are a service of the LRC but they are independent in their operations. Most of their work concerns individual grievances. You may appeal against a Rights Commissioner's recommendation to the Labour Court; the Court's decision is then binding.
Department of Enterprise, Trade and Employment
The Department is responsible for the implementation of certain employment legislation, e.g., the Organisation of Working Time Act 1997, the Protection of Young Persons (Employment) Act 1996 and the Protection of Employment Act 1977. You should complain to the Department about alleged breaches of these Acts.
Rules
Remember to bear the following points in mind in relation to employment appeals;
In most cases, the determination may be appealed to the High Court by either party but only on a point of law Under the Unfair Dismissals Acts 1977-2001 and the Maternity Protection of Employees Act 1981, either party may appeal to the Circuit Court within 6 weeks of the determination (the appeal is not confined to a point of law).
How to apply
Complete the necessary T1-A form (pdf) if you wish to bring your case to the Employment Appeals Tribunal
(http://www.oasis.gov.ie/).
Talk to Myles & Co. Solicitors and we will prepare your claim for you and advise on the various proofs necessary to process your case at the Hearing.
If you wish to obtain legal advice in relation to employment law ,
please fill out the employment form and click on the submit button.
By providing as much information as possible it helps us to give you advice that is more tailored to your needs.
We will then agree with you a fixed fee for providing the advice. That way there are no surprises in the bill.
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