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Engineering Industries Ireland Strategy
From May 2021, Engineering Industry Ireland members have engaged in a detailed process of preparing for the future. The result of this process is our new Strategy 2022 – 2025, Engineering a better future.
RIP Liam Connellan
It is with sadness we note the passing of Liam Connellan, former Director General of Ibec's forerunner, the Confederation of Irish Industry. Liam played a pivotal role in the development of the CII having come from the IMI in 1972 to steady the organisation in the aftermath of the tragedy of the Staines air crash which deprived the community of twelve business leaders.
Labour Court affirms matters agreed through mediation cannot form the basis of subsequent claims
The Mediation Process Mediation forms a key part of Ireland’s third party industrial relations framework. In most cases, where an individual submits a claim for adjudication by the Workplace Relations Commission they may opt in the first instance to take part in mediation with the party against whom the claim has been made. This is facilitated by the Workplace Relations Commission’s mediation services. Section 39 of the Workplace Relations Act 2015 states the following regarding mediation agreements: (7) The terms of a resolution referred to in subsection (4) shall not be disclosed by a mediation officer or by either party to the complaint or dispute concerned in any proceedings before a court (other than proceedings in respect of the contravention of the terms of the resolution), or otherwise. (8) All communications (including communications during a mediation conference) by a mediation officer with the parties to a complaint or dispute referred for resolution under this section to him or her and all records and notes, including records and notes relating to a mediation conference held for the purposes of resolving any matter to which the complaint or dispute concerned relates, shall be confidential and shall not be disclosed in any proceedings before a court (other than proceedings in respect of a contravention of the terms of a resolution referred to in subsection (4) ), or otherwise. Simply put, mediations are confidential, and the terms of a resolution shall not be disclosed by either party nor can they form the basis of any legal claim except where there is an alleged contravention of the terms of the resolution. Where a contravention of the agreement is alleged, this can only be heard by the civil courts. The Case In the initial WRC case (ADJ-00046539), the Claimant (the employee) had engaged in mediation with the Respondent (the employer) and agreed to the terms of a resolution. However, the Claimant asserted that alleged violations of her employment rights could not be investigated due to the mediation agreement, and that the Respondent was using the agreement as a shield to stop investigation into her complaints. The Complainant submitted that the Mediation Agreement should be revisited and opened up because she had lacked representation in concluding the Agreement. As the Respondent did not offer the Complainant legal representation, the Complainant argued that she did not have the benefit of independent advice. The Complainant said she signed the Agreement without knowing the consequences, and that she would be prejudiced by signing. The Respondent argued that the Mediation Agreement is binding on the parties and both parties are precluded from disclosing its terms in any proceedings, other than proceedings in respect of a contravention of the terms of the agreement. The complaints concerned either the terms of the mediation agreement or matters that were the subject of a previous WRC case which was compromised and settled between the parties. The Respondent asserted that the Complainant could not choose to breach the terms of the mediation agreement and open the agreement to pursue these complaints before the Workplace Relations Commission. The Adjudication Officer in the WRC found that they did not have jurisdiction to hear the claims as they were the subject of mediation agreement and therefore could not be disclosed or form the basis of a claim. This was subsequently reaffirmed by the Labour Court (EDA2452). Key Takeaways These cases are instructional in how the WRC mediation works and the confidentiality associated with agreements which arise from the medication process. A fundamental principle of mediation generally, and one that is reflected in section 39 of the 2015 Act, is the confidentiality of the mediation process; this is not confined to the mediation agreement but extends to the mediation meeting, communications during the meeting, communications by a Mediation Officer with the parties and all records and notes also.
Future skill needs
The digitalisation of healthcare has the potential to fundamentally alter how we diagnose, treat and care for people.
Legislation
This section outlines the legislation that enables men and women to avail of this leave and the provisions for limited paid leave to enable employees to deal with family emergencies.
Irish Beverage Council and Drinks Ireland Mark Key Milestone of 1 Billion Containers Returned Through Deposit Return Scheme
The Irish Beverage Council and Drinks Ireland, the Ibec groups representing the non-alcohol and alcohol beverage industries on the Island of Ireland, have welcomed the news that one billion containers have been returned through the Deposit Return Scheme (DRS).
CEO Update: Latest analysis on the EU - US Trade Deal and member webinar
What we currently know and what remains unclear...