THE number of claims and appeals referred to the Employment Appeals Tribunal increased by 6 per cent last year. The rise was more than accounted for by the 600 claims by former Irish Press employees under the Minimum Notice and Terms of Employment Act.
A total of 5,225 claims and appeals were referred to the tribunal during 1995, compared to 4,840 the previous year.
The tribunal hears appeals ion employment protection legislation, including unfair dismissals and wages owed after redundancy or company closure.
Compensation was awarded to 147 people under the Unfair Dismissals Acts during 1995, compared to 199 the year before. The average award made was £5,737, compared to £4,994 in 1994.
The Minister for Labour Affairs, Ms Eithne Fitzgerald, launching the annual report, said that even with more cases going before the tribunal, the waiting time for a hearing had been reduced from 25 weeks to 23. However, the system was under review as she would like that reduced to about half.
The increase in the number of cases, she said, was an indication of the public confidence in the fairness and impartiality of the tribunal's decisions.
She had put in place a case management study to see how the system could be streamlined.
Funds and equipment had been increased within the system and more staff had been redeployed to the tribunal.
The chairwoman, Ms Mary Faherty, said its function was to ensure that anyone making a case was accorded fairness. Over the years, she had noticed a wider cross section of society using the system. More people were appearing before the tribunal with legal advisers, but that was not confined to the tribunal. Irish society generally used lawyers more.
Some people, both employees and employers, appeared before the tribunal without any representation. In those cases, the tribunal ensured all the facts were uncovered.
Cases, she said, were getting longer and taking more time to resolve, due to the often complex nature of the cases.
Ms Faherty said that people should not feel insecure in employment, that the law was there to protect people's rights. The number of categories under the protection of employment legislation had increased.
People in part time employment working only eight hours work a week could appeal if they were dismissed or had their employment rights infringed.
Ms Fitzgerald said the legislation was working well and was fair to both sides. Employers could not dismiss an employee at a whim but, at the same time, they had the right to dismiss if it was justified and the tribunal would uphold that.
The Employment Appeals Tribunal deals with disputes arising under Minimum Notice legislation, Unfair Dismissals, Maternity Protection Act, Protection of Employees Act, Worker Protection Act, Payment of Wages Act, Terms of Employment Act and Adoptive Leave Act.
The bulk of cases heard last year were under the Minimum Notice and Terms of Employment Acts, followed by the Unfair Dismissals Act.
Only 330 of the 2,345 cases taken under the Minimum Notice and Terms of Employment Act were dismissed; 174 unfair dismissals claims were allowed, with 162 dismissed. However, many cases were withdrawn either before or during a hearing.
Three people received no compensation even though their dismissal was found to be unfair. Three people were awarded sums in excess of £25,000.