THE REFORM of the employment rights structures being proposed by the Minister for Jobs, Enterprise and Innovation may not meet the requirements of the EU’s Charter of Fundamental Rights, according to a Labour TD.
Michael McNamara, Labour TD for Clare and a barrister, said in a submission to Richard Bruton that it was not clear how the right to a public hearing and the right to be advised, defended and represented, all required by the charter, would be facilitated by the new structures.
The Charter of Fundamental Rights of the European Union enshrines certain political, social, and economic rights into EU law. It acquired legal effect in member states when the Lisbon Treaty entered into force in December 2009 and applies when states are implementing EU, rather than national, law.
Earlier this month, Mr Bruton published a plan to replace the current complex system of workplace relations with a simplified two-tier structure. He invited submissions.
Mr McNamara welcomed the opportunity for interested parties to express their views, but urged more consideration of how the safeguards provided for in the charter would be respected in the new structures.
He told The Irish Times that the trade unions had urged support for the Lisbon Treaty on the basis that the charter would strengthen workers’ rights.
Under the blueprint there will be a workplace relations commission, which replaces the existing Employment Appeals Tribunal and the Equality Tribunal. The blueprint provides for decisions of the commission to be appealed to the Labour Court, which sits in private and where there is no right to legal aid.
According to Mr Bruton’s document, the workplace relations commission will sit in private unless the adjudicator decides otherwise, following a request from either party in advance and in writing.
The adjudicator will consult with the other party before making his or her decision. At the moment, hearings of the Employment Appeals Tribunal take place in public, though hearings of the Equality Tribunal do not.
Mr McNamara said article 47 of the Charter of Fundamental Rights provides for the right to an effective remedy, including a right to “a fair and public hearing by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented.”