Equal-Pay Claims and Processing Delays
Browne seeks figures on equal-pay claims and asks about delays and difficulties obtaining information. Fitzgerald reports that 114 claims were referred, with 57 outstanding, acknowledges problems with information and appeals delays, and invites details of a 13-month delay.
asked the Minister for Labour (a) the total number of equal pay claims brought before the Labour Court; (b) the number of such cases outstanding at the present time; (c) the average length of time taken to process such claims, including appeals; (d) the total number of rulings issued in equal pay claims; (e) the total number of rulings made in favour of employers, and in favour of employees; (f) the total number of rulings made in favour of employees which have been implemented in full by the employers; and (g) the total number of recommendations made by equal pay officers which have been subsequently overturned by the Labour Court.
Comment on this
The following information in response to the Deputy's question has been obtained from the Labour Court which has the central enforcement role in equal pay cases under the Anti-Discrimination (Pay) Act, 1974.
(a) To date, 114 equal pay claims have been referred to the equality officers of the Labour Court. In the case of 32 of these claims the disputes were resolved by the parties themselves in the course of investigation by the equality officers or withdrawn without the issue of a formal recommendation.
(b) The number of cases outstanding is 57, representing the total number of cases referred, 114, less those settled or withdrawn, 32, and also less cases in which the equality officers have issued recommendations, 25.
(c) The average length of time taken to process equal pay claims is three to four months. A lot depends on the complexity of the claim and the extent to which the parties concerned co-operate. I understand that in some cases the work of the equality officers is being delayed and made more difficult by incomplete claims and by delays in supplying necessary information requested by the equality officers. In cases appealed to the Labour Court the average length of time overall has been approximately six months.
(d) Twenty-five recommendations have so far been issued by the equality officers.
(e) Of these six were in favour of employers and 19 in favour of employees.
(f) Precise information is not available on this. I should say, however, that there is no evidence either of failure to implement recommendations. Under the Act, there is provision by which an employee may seek a remedy in any case of failure by the employer to implement a recommendation.
(g) The number of recommendations in this category is three.
Comment on this
Has the Minister given any consideration to the fact that there is a difficulty in getting precise information from those involved? Is there anything within the structure of the appeals mechanism that needs to be reconsidered and restructured in order to facilitate people submitting information more expeditiously and correctly? Has the Minister considered that point?
Comment on this
I am concerned about the delays and the inadequate information, or lack of information, given to equality officers at the outset. The appeals situation is a different matter. It is a cause of concern but in a later question I shall be able to inform the Deputy that the staff situation there has improved and, hopefully, this will expedite appeals.
Comment on this
I am sure the Minister is aware that there is a considerable sense of grievance among the people concerned. I understand an appeal can take as much as 13 months in some cases, although I know this is longer than the average. Is the Minister aware of the sense of grievance of people who make appeals and who cannot get a decision? They lose interest in the matter by the time a decision is made.