Employment Rights Tribunal

The Employment Rights Act, 2012-9 came into effect by proclamation on the 15^th day of April 2013. Section 6 (1) established the Employment Rights Tribunal (ERT) and by virtue of Section 7 (1) it clearly states that the function of the Tribunal is to enforce the rights conferred upon persons in relation to the Act. Section 7 (2) confers Jurisdiction on the Tribunal giving it the power to determine complaints and also for the enforcement and determination of disputes. Section 48 provides for the making of awards and other decisions in relation to its powers.

The Tribunal is a quasi-Judicial body that hears and resolves complaints and disputes which are considered to be work place conflicts. Subsequent to the Employment Rights Act (ERA) coming into effect, additional pieces of labour legislation came into effect and gave the employee and employer various rights. In the event that these rights are breached the respective legislation provides the parties with access to justice in the Tribunal. These pieces of Labour legislation are the Holidays With Pay Act, 2017-3, Employment Sexual Harassment (Prevention) Act, 2017-21, Employment (Prevention of Discrimination) Act, 2020-26, Whistle Blower Protection Act, 2021-29 and the Labour Clauses (Concessions) Act, 2024-7.

Section 6 (3) of the Employment Rights Act (ERA) confers on the Tribunal the rights to regulate this own procedure. To this extent, the Tribunal adopts the procedure of Case management. This process ensures that issues in the cases are identified and parties are able to advance their case by filing and exchanging the relevant documents within the time period provided by the Tribunal in order to prevent unnecessary delays at the hearing.

Finally, the Tribunal plays a crucial role in the administration of Labour justice. It provides fair, efficient and effective means in the resolution of matters that is required to be adjudicated. The decisions of the Tribunal help to shape and maintain workplace fairness and to ensure that employees and employers understand their rights and obligations as required under the various pieces of legislation. Having a clear understanding of the Tribunal procedure can empower employees and employers to seek Justice whenever Labour issues arise.