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Labour Court Delay

I am currently awaiting a conciliation hearing from the Labour Court for about eight months for a case where a recommendation by a Rights Commissioner hasn’t been carried out after two years. Is this normal? The first hearing was cancelled at short notice. My union is representing me but I feel that they are just going through the motions. What can I do?

Why are you not getting the robust representation to which you are entitled in return for your union dues?

The conciliation process can be lengthy because it is not adversarial, in other words you are not dealing with Court proceedings or the judicial functions of the Employment Appeals Tribunal.  Therefore, deadlines are not fixed in law. 

To answer this listener’s question about what he or she can do – if this is a claim that can be brought directly to the Employment Appeals Tribunal (unfair dismissal, etc.) then you should consider withdrawing from the conciliation process and go directly to the Tribunal.  To do this you should ask to consult the union solicitor if his/her fees are covered by your union dues. Alternatively consult an experienced Employment Rights Law advisor.  Given that this listener appears to have lost confidence in his or her union they should talk to a Solicitor (union or otherwise).

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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