Dismissal claims on grounds of discrimination or victimisation increased by 167 per cent last year, according to the annual report of the Labour Court, launched yesterday.
The Court saw a 13 per cent increase in the number of referrals in 2001, across the entire range of disputes it handled. The most marked increase, 65 per cent, was in the number of cases referred under equality legislation.
"Undoubtedly, the implementation of the Employment Equality Act, 1998, which extends to nine the number of grounds on which it is illegal to discriminate against a worker, is a factor in this increase," Labour Court chairman Mr Finbarr Flood notes in a foreword to the report.
"It is to be hoped that a greater awareness by workers of their rights, rather than a greater incidence of breaches of equality legislation, is also a factor."
Such cases were "generally very complex" with legal implications and therefore required much more of the Court's time than the average industrial relations case.
Five of the nine discriminatory grounds prohibited by equality legislation were cited during the year in cases that came before the Labour Court - gender, marital status, sexual orientation, age and disability.
A determination issued in a case involving age discrimination against a legal secretary, by a firm of Waterford solicitors, was the first of its kind in Europe. The Labour Court found in favour of the secretary and ordered the firm to pay her £6,000 (€7,500) in compensation.
Although there was a "sharp conflict" between the parties as to whether the employment was temporary or permanent, the Court said this was irrelevant if she had lost her job on age grounds. It found that at some time before her dismissal, the firm decided to employ a young person who could be trained in quasi-legal and secretarial services, and that despite her experience in both areas, the older woman was not considered for this position.
The enhanced terms of the Programme for Prosperity and Fairness, which provided for the payment of an additional 2 per cent under the current national wage agreement, had proved controversial, according to the report: "The court was asked to adjudicate on the application of this increase in a significant number of cases."
And the first referrals under the national minimum wage legislation were received in 2001. There were only seven such referrals, which seemed to suggest a high level of compliance.
Other new legislation to be introduced included the Industrial Relations (Amendment) Act, 2001, which provided mechanisms for dealing with disputes in enterprises where negotiating arrangements are not in place.
"The Labour Court and the Labour relations Commission have complementary roles in relation these disputes." The Labour Court's role is adjudicative, should the dispute not be resolved at LRC level. A notable feature of this legislation is that it gives the Labour Court power to ultimately issue a determination which is enforceable in the civil courts.
The Protection of Employees (Part-Time Work) Act, 2001, conferred an "appellate" function on the Labour Court for the first time - that is, appeals on decisions taken by rights commissioners. The legislation gave rights to part-time workers commensurate (pro rata) with those enjoyed by full-time employees.
The court launched its website 12 months ago and reports: "we have been pleased with the positive feedback we have received".
Outside the core work of the Labour Court, its members have been active in other spheres. They participated in the Buckley Review on Higher Remuneration in the Public Sector, as well as on the implementation group for the Bullying Task Force.