Ryanair Limited v- The Labour Court and IMPACT ... Ryanai

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CHANGING APPROACHES IN INDUSTRIAL RELATIONSTHE
REPUBLIC OF IRELAND/NORTHERN IRELAND AND THE UK
21ST November 2005

• LEGAL DEVELOPMENTS MARGUERITE BOLGER,
  Barrister-at-Law

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Introduction 1.      The increased jurisdiction
of the Rights Commissioner Service Legal
Implications.

• The Adoptive Leave Act 1995.The Carers Leave Act
  2001.The European Communities (Protection of
  Employment) Regulations 2000The European
  Communities (Protection of Employees of Transfer
  of Undertakings) Regulations 2003.The Industrial
  Relations Acts 1946 2001.The Maternity
  Protection Act 1994.The National Minimum Wage
  Act 2000.The Organisation of Working Time Act
  1997The Parental Leave Act 1998The Payment of
  Wages Act 1991The Protection of Employees (Part
  Time Work) Act, 2001The Protection of Employees
  (Fixed Term Work), Act 2003The Protection of
  Young Persons (Employment) Act 1996The Terms of
  Employment (Information) Act 1994 and 2001

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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

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

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1.4              User Satisfaction with the
Rights Commissioner Service
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2. The effectiveness of the Rights Commissioner
Service

• Informal, user friendly format
• Ability to deal with serious conflicts of
  evidence?
• Speed
• Recommendations
• Costs

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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
• 3.2 The Direct Effect of European
  Directives Henderson v- Scoil Iosagain
    Protection of Employees (Part Time) Work Act
  2001

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4. Recent changes in Industrial Relations law

• The Industrial Relations (Amendment) Act 2001
• The Industrial Relations (Miscellaneous
  Provisions) Act 2004

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4.1 Background 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

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

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• The Process  Advisory Officer  Labour Court
    Circuit Court

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• 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
• Ryanair
• Nolan Transport

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2.      It is not the practice of the employer to
engage in collective bargaining negotiations

• 2. (i) Collective Bargaining
• 2.(ii) Practice

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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

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

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Does the Legislation force Trade Union
Recognition?