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 Courts 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 Officers
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.