STREAMLINING EMPLOYMENTRIGHTS, PROCESSES AND INSTITUTIONS
- Impact date: April 2012
This Bill when enacted later this year is intended to bring Ireland into line with other Member States where certain convictions can be disregarded after a set period of time. Convictions in respect of sexual offences and offences that fall to be tried by the Central Criminal Court are excluded from the benefits of the Bill. Sentences of more than one year's imprisonment are excluded. No more than two convictions may become spent. The spent period ranges from three to seven years. Persons seeking to work with or provide services to children or vulnerable adults will have to declare their convictions. Convictions will have to be disclosed when applying for certain licences (taxis, private security, licences issued by the Central Bank of Ireland etc). Employments relating to the security of the State, the administration of justice and other sensitive positions are excluded.
BLUEPRINT FOR NEW EMPLOYMENT REDRESS REGIME
- Impact date: May 2012
The Department of Jobs, Enterprise and Innovation published its blueprint for the new employment redress regime for consultation and observation by interested parties.
This blueprint and follow-up consultation should inform the drafting of the Workplace Relations (Law Reform) Bill 2012 (see below) expected to be published later this year.
The blueprint provides for the establishment of a Workplace Relations Commission (WRC). The WRC will essentially be the court of first instance for all statutory employment matters and NERA, the Equality Tribunal, the EAT and the LRC will be wound down. An appeal from the WRC will be to an expanded Labour Court and to the High Court on a point of law only.
Table 1 of the blueprint summarises the situation prior to reform and the situation as envisaged following reform. So for example, the five employment bodies will be reduced to two; the five websites and separate corporate administrative systems will likewise be reduced to one; the 30 first instance complaint forms will be reduced to one; the 20 appeal forms will be reduced to one.
There will be one six month time limit for initiating all complaints. In the same way, the time limits for appeals will be 42 days. This is intended to apply across the board.
The enforcement mechanism will be changed by the introduction of compliance notices, Labour Court orders and fixed charge notices. It heralds a more streamlined employment redress system.
WORKPLACE RELATIONS (LAW REFORM) BILL 2012
- Impact date: October/November 2012
This is intended to give legislative effect to the blueprint published in April (above).
EMPLOYMENT PERMITS BILL 2012
- Impact date: October/November 2012
This is intended to consolidate existing legislation and take account of evolving case law and to cater for future accessions to the EU.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
