THE EMPLOYMENT APPEALS TRIBUNAL ANNUAL REPORT IN A NUTSHELL

Since 2007 there has been an ever increasing number of employment disputes referred to the Employment Appeals Tribunal. According to the Employment Appeal Tribunal’s most recent report which was published in December 2013, the number of cases disposed of has risen from 2,807 in 2007 to 7,624 in 2012, an increase of 172% in the period. 

Interestingly there has been a notable decrease in the number of cases referred to the Tribunal in 2012 compared with previous years. Between the years 2004 and 2007 the number of cases referred to the Tribunal averaged 3,500 per year. According to the report, in 2008 the first major increase occurred when 5,457 cases were referred to the Tribunal. An average of 8,800 was received in the years 2009-2011 with a high of 9,458 in 2009. The first major decrease in the number of cases referred occurred in 2012 when the drop was from 8,458 in 2011 to 5,623 in 2012 (a 34% decrease). 

The unprecedented growth in the referral of cases has had a knock on affect on the waiting period for a case to be heard. In Dublin the average waiting period is 77 weeks and 82 weeks in provincial areas. 

In 2012 the top 6 categories of case referred to the Employment Appeals Tribunal in 2012 were:

1. Unfair dismissal 31%

2. Redundancy 22%

3. Minimum Notice & Terms of Employment 17%

4. Payment of Wages Act, 1991 14%

5. Organisation of Working Time Act, 1997 7%

6. Terms of Employment (Information) Acts 5%.

Unfair Dismissals Acts 1977 to 2007

According to the report, in 2012 the Tribunal disposed of 1,791 unfair dismissal cases and awarded compensation amounting to €6,981,979.49 in 377 cases. The average amount of compensation awarded by the Tribunal was €18,519.84. In addition to compensation the Tribunal ordered re-instatement in 4 cases and re-engagement in 10 cases.

Other Claims

In addition to the cases referred above there were 11 cases referred under the Maternity Protection Acts 1994 and 2004 compared with only 2 referrals in 2011; 2 under the Parental Leave Acts 1998 and 2006; 72 cases under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (TUPE); and 28 cases under European Communities (Protection of Employment) Regulations 2000. 

929 cases were referred under the Minimum Notice and Terms of Employment Acts 1973 to 2005 and it is notable that 844 of these were allowed.

Representation 

There is no requirement for representation in order to bring a case before the Tribunal.

In 2012 1,917 employees had representation at their hearings. Of these, 397 cases representation was by Trade Unions; 1,196 employees were represented by legal professionals; and 342 were represented by “other persons”.

In the same period employers had representation in 1,116 cases with 659 by legal representatives, 390 by other persons, and 67 by employers’ associations.

The highest level of representation according to the report was in unfair dismissal cases.

If you would like further information or have an employment query please contact catriona(at)brophysolicitors.ie