Members of the Employment Appeals Tribunal have strongly criticised the Government's proposals to reform employment rights bodies - which would include the abolition of the EAT.
The criticism is contained in a paper prepared on behalf of Vice-Chairpersons and members of the EAT.
The Minister for Jobs Enterprise and Innovation Richard Bruton has proposed a streamlining of dispute resolution and employment rights bodies.
However, the EAT members - many of whom are lawyers - say the proposals would bring the whole reform process into disrepute and disorder and give rise to a major increase in judicial reviews and appeals at huge extra cost.
At present cases are heard by three members - a chair with legal experience, along with one employer and one employee representative.
The EAT members criticise as "flawed and potentially unfair" the proposal to devolve initial decision-making - particularly on unfair dismissal claims - to lone civil servants with relatively little experience of industry or law.
They say that the process requires a legal input as claimants and respondents are usually legally represented.
They also query whether the new structures will comply with the European Charter of Fundamental Rights.
They say that delays in hearings have been due to a massive increase in claims.
They point out that the EAT caseload has trebled in recent years, from 3173 in 2007 to 9458 in 2009. There was a further increase of 30% in 2010, and another rise of 11% last year. No additional resources were allocated to deal with the increase.
In a statement, a spokesman for Mr Bruton’s office said: “The Minister is in the process of delivering major reforms to the State's employment rights bodies, in order to make them work better for workers, employers and taxpayers, and it has already delivered significant benefits particularly in reduced waiting times.
“Reform will always bring its challenges and its critics; however the Minister is satisfied from the comprehensive consultations he has undertaken with all stakeholders that this process will continue to bring major improvements to the service for employers, employees and taxpayers.
“He will continue to engage in consultations.”
