Will Government further reduce dismissal appeal rights? 2.3.10

Workers must make sure the Government hears their views on unfair dismissal procedures to protect their fundamental rights to a fair hearing and security of employment, said CTU President Helen Kelly today in response to announcement of consultation on part 9 of the Employment Relations Act 2000.

“We are concerned that the Government plans to further reduce an employee’s right to appeal against unfair dismissal, coming on top of the wholly unfair and unnecessary 90-day fire at will law,” said Kelly. “Allowing less than one month for submissions suggest that the Government has already made up its mind about what it wishes to do. It is important that unions and workers make sure their voice is heard to counter claims that employers are disadvantaged by the system.”

 “The system does not have major problems. The Government’s own discussion document acknowledges that only 2 percent of respondents to a Department of Labour survey felt bias needed to be removed from the end-to-end process of the Employment Relations Authority. Far from indicating a problem, the fact that many disputes are settled outside of the courts shows that the provisions are working pragmatically.”

“Unions do not have a problem with suggestions that ‘no win no fee’ advocates could be regulated. What we do have a problem with are suggestions such as restricting who can take a case for unfair dismissal, what remedies would be available, exceptions for small and medium enterprises, extending the 90 day period when workers in smaller workplaces have no right to appeal against unfair dismissal and diluting the procedural requirements in a dismissal.”