Dr Brian Barry

Dr Brian Barry, lecturer in law at TU Dublin, surveyed lawyers, trade union representatives and employer organisation representatives on their satisfaction with the system established under the Workplace Relations Act 2015.

The results show that satisfaction is higher now than in the aftermath of the reforms in 2015, and more legal and industrial relations practitioners are satisfied than dissatisfied.

However, a substantial number have issue with aspects of the WRC’s adjudication service, pointing to difficulties and inconsistencies with the adjudication process and problems with scheduling hearings.

Nearly half (48 per cent) of practitioners said they were either satisfied or very satisfied with the new two-tier system, while just over a third (34 per cent) said they were either dissatisfied or very dissatisfied, a sizeable improvement on the levels of satisfaction from an earlier survey in 2016.

In 2016, half of practitioners said the two-tier workplace disputes system was worse than the previous system.

However, around seven in 10 practitioners still believe that the format of the WRC’s adjudication hearings is inconsistent, making it difficult to advise clients on issues relating to the format of a hearing.

Half of practitioners were satisfied with the competence of WRC Adjudication Officers, compared to three in 10 who were dissatisfied.

Marginally more practitioners were dissatisfied than satisfied with the effectiveness of the Mediation Service offered by the WRC.

Satisfaction with the Labour Court, which was founded in 1947 but has acted as a full appellate court for employment rights and industrial relations disputes since 2015, was at a much higher level.

Seven in 10 practitioners were satisfied with the competence of the Labour Court, and the same proportion agreed that the Labour Court had adapted well to its new increased role as a full appellate court for employment rights issues.

Commenting on the findings, Dr Barry said: “This survey indicates improvement in the operation of important workplace dispute resolution services in Ireland.

“Importantly, the survey identifies areas in need of improvement, and challenges that persist, particularly with improving consistency and certainty in how adjudication hearings operate.

“Ongoing improvements to the efficiency and effectiveness of these services are crucial for workers and employers in dispute over important employment rights issues such as unfair dismissal claims, workplace discrimination and maternity leave entitlements.”