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FTA Slams Frivolous Employment Claims

/ 4th September 2015 /
Subeditor

The Freight Transport Association Ireland has called for the government to apply fees for the Labour Court’s adjudication service to stop ‘frivolous’ claims against employers.

FTA Ireland (FTAI) is a membership trade association for the freight and logistics industry in Ireland.

The association claims the Labour Court is being used to make groundless claims and that some solicitors are encouraging employers to settle with cash payouts.

The introduction of Statutory Instrument 342 has resolved issues around mobile workers’ working time regulations, including night shifts, breaks and confirmation that the use of a tachograph (measures speed and distance in a vehicle) is a lawful method of recording work times, but it is said to have led to increased claims.

FTA Ireland’s Neil Mc Donnell said the Labour Court has awarded tens of thousands of euros in cases that have no basis under EU law.

In Association with

“It is an unacceptable use of the national industrial relations machinery and a waste of taxpayers’ money, that the Labour Court is being used to pursue frivolous claims against employers. It is also delaying access to the Labour Court by genuine claimants. We ask that the Jobs Minister imposes fees provided for under Sec 71 of the Work Relations Act 2015, in order to stamp out vexatious claims.

“We believe parties wishing to use the adjudication service should be liable for a fee of €750, and €1,000 at Labour Court level. This liability should only be payable by the losing party after a determination against them.”

In addition, FTA Ireland believes that where multiple complaints are made, a fee per complaint should be levied. Where the complainant withdraws more than one fifth of complaints made, their case should no longer be entertained by the LRC.

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