Role of judiciary in Industrial Relation The judiciary constituted wage board ,labor board etc .Managers have also adopted proactive strategy such as developing relationship between employees and unions ,developing competence of managers and supervisors. Associations ,government and judiciary are the stakes inn Industrial relation. The government seek to protect the interest of employers and employees. The judiciary constituted. The role of judiciary in Industrial relation has been regressive and the management has economic power which it uses to effect the life of.
The industrial relation is maintained by both employers and employees If both have cordial relation the industry have better growth.Both employers and employees follow give and take policy the industry have better performance . Employer ,employees ,their respective associations ,government and judiciary are the stakes inn Industrial relation.The government seek to protect the interest of employers and employees.The judiciary constituted wage board ,labor board etc .Managers have also adopted proactive strategy. The role of judiciary in Industrial relation has been regressive and the management has economic power which it uses to effect the life of a worker.
DEFINITION OF JUDICIARY THE SYSTEME OF LOW COURT THAT ADMINISTER JUSTICE AND CONSTISTUTE THE JUDICIAL BRANCH OF GOVERNMENT.
Role of Judiciary in Industrial Relations are :1. Labour Court 2. Industrial Tribunal 3. National Tribunal
Labour Court The Labour Court was established under the Industrial Relations Act, 1946, to exercise the functions assigned to it by the Act. The functions of the Court have been altered and extended by subsequent legislation including the Workplace Relations Act 2015 which provided for the most profound changes since the 1946 Act. Under the provisions of the Act the Labour Court now has sole appellate jurisdiction in all disputes under employment rights enactments The Labour Court is not a court of law. It operates as an industrial relations tribunal, hearing both sides in a case and then issuing a Recommendation (or Determination/Decision/Order, depending of the type of case) setting out its opinion on the dispute
and the terms on which it should be settled. Recommendations made by the Court concerning the investigation of disputes under the Industrial Relations Acts 1946 – 2015 are not binding on the parties concerned, however, the parties are expected to give serious consideration to the Court's Recommendation. Ultimately, however, responsibility for the settlement of a dispute rests with the parties. Functions of the Labour Court
The Court’s functions can be divided between those relating to industrial relations matters and those relating to the determination of appeals in matters of employment rights. With the enactment of the Workplace Relations Act 2015 the Labour Court now has sole appellate jurisdiction in all disputes arising under employment rights enactments. Industrial Relations
investigate trade disputes under the Industrial Relations Acts, 1946 to 2015 investigate, at the request of the Minister for Jobs, Enterprise and Innovation, trade disputes affecting the public interest, or conduct an enquiry into a trade dispute of special importance and report on its findings hear appeals of Adjudication Officer’s recommendations/decisions made under the Industrial Relations Acts establish Joint Labour Committees and decide on questions concerning their operation register Joint Industrial Councils investigate complaints of breaches of codes of practice made under the Industrial Relations Act, 1990 (following consideration of the complaint by the Workplace Relations Commission) give its opinion as to the interpretation of a code of practice made under the Industrial Relations Act, 1990 investigate disputes (where negotiating arrangements are not in place) under the Industrial Relations (Amendment) Act, 2001 as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004 and the Industrial Relations (Amendment) Act 2015. Register employment agreements Examine the terms and conditions of employment in a sector pursuant to Section 14 of the Industrial Relations (Amendment) Act 2015
Grant exemptions from the obligation to pay the remuneration that would otherwise be payable under an Sectoral Employment Order (SEO) pursuant to Section 21 of the Industrial Relations (Amendment) Act 2015
How the Labour Court deals with disputes
There are 5 stages:-
Referral Arrange date of hearing Parties make written submissions Hearing Issue of Recommendation/Determination/Decision/Order Referral; The appeal should be made within the prescribed time limits using the Single Appeal Form. An acknowledgement will issue to the parties to the appeal and the other party advised that an appeal has been made. Arrange date of hearing
Provided a dispute has been correctly referred to the Court (see "Referral Methods" above), the Programming Section of the Court will allocate and communicate a suitable date and venue for a hearing to the parties to the dispute as soon as possible after date of referral. The majority of cases are heard in Dublin, but the Labour Court also holds hearings at a number of venues throughout the country. Submissions The parties will then be required to supply the Court with written submissions stating their positions in relation to the dispute. Guidelines on the preparation of submissions, and examples, can be obtained by clicking here https://www.workplacerelations.ie/en/Workplace_Rela tions_Bodies/Submissions_to_the_Labour_Court.pdf. Six copies of the submissions should be delivered to the Court, by post or by hand (but not by fax), no later than 7 working days prior to the date of the hearing. In unfair dismissal and equality cases, separate procedures apply. In regard to these appeals, the appellant shall furnish the Court with a written submission within 3 weeks from the date that the notice of appeal is delivered to the Court. Within 3 weeks of the date on which a copy of this submission is sent to the respondent they are required to file a replying submission. On receipt of submission from all parties the Court will fix the date and place for the hearing. Hearing The conduct of the hearing of an appeal will be regulated by the Chairman of the division of the
Court before which the appeal is being heard. A party to an appeal may be represented by: A Trade Union Representative A Representative of an Employers Organisation Solicitor or Counsel With the consent of the Court, any other person of their choosing Witnesses who intend to give evidence in the course of the appeal will be sworn before the commencement of the hearing. The Court Secretary shall announce the case and the parties shall stand when the Court enters and leaves the Court. Except in such cases as the Court considers it convenient to take the written submissions as read, each party shall read their submission and the other party will be afforded an opportunity to comment on the submission presented by the other party. In exceptional circumstances the Court may require a party to provide it with further or supplemental information in writing on any matter arising in the case. Issue of Recommendation/Determination/Order After the hearing (i.e. usually within 3 weeks), the Labour Court will issue, to the parties, its written Recommendation (as to how the dispute might be resolved). The Court's Decision in these cases may uphold the original decision of the Adjudicator, or vary it, or overturn it. Parties are advised that recommendations of the Labour Court are published on www.workplacerelations.ie.
Issues dealt with by the Labour Court The Labour Court will deal with any dispute between workers and employers provided it is referred to the Court in accordance with the relevant legislation.
Industrial Tribunal The Industrial Tribunal is an independent juridical tribunal on matters relating to employment relations. It is regulated by the Employment and Industrial Relations Act and has exclusive jurisdiction to consider and decide all cases of alleged unfair dismissal, in addition to other cases associated with employment such as breach of the law with regard to provisions such as overtime, parental and maternity leave. The decisions of the industrial tribunal are not subject to appeal, except on points of law. In addition, its awards are binding and cannot be revised prior to the elapsing of at least one year after the issue of any such award. In some cases, other instruments are sought, such as the general law courts, to settle matters in which the law was allegedly violated at the place of work.
Industrial tribunals are tribunal public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of
disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment discrimination.
National Tribunal (1) The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such disputes. (2) A National Tribunal shall consist of one person only to be appointed by the Central Government. (3) A person shall not be qualified for appointment as the presiding officer of a National Tribunal58[unless he is, or has been, a Judge of a High Court. (4) The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceeding before it.
