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Employment Appeals Tribunal members only paid after ruling is issued

Richard Bruton set to link the payment of fees to the "finalisation" of cases at the Employment Appeals Tribunal
Richard Bruton set to link the payment of fees to the "finalisation" of cases at the Employment Appeals Tribunal

The Department of Jobs, Enterprise and Innovation has confirmed that in future, members of the Employment Appeals Tribunal will only be paid after they issue a ruling.

At present, the three members hearing individual cases, including unfair dismissals cases, at the EAT are paid after the hearing is held.

Two weeks ago, RTÉ revealed that some claimants have been waiting for up to two years for a determination to be issued after a hearing.

That comes on top of an average waiting list for a hearing of 75 weeks in Dublin, and 83 weeks around the rest of the country.

Up to now the payment of EAT fees was not linked to the issuing of a determination.

However, in response to a query from RTÉ News, the Department said it was the intention of Jobs, Enterprise and Innovation Minister Richard Bruton to link the payment of fees to the "finalisation" of cases.

The Department noted that the EAT had seen a major increase in referrals - and productivity - due to the economic downturn. It stated that the number of cases disposed of had risen from 2,807 in 2007 to 7,624 in 2012 - an increase of 172%.

Each EAT case is heard by three members from a panel including lawyers, and nominees from trade unions and employer bodies. They are paid a daily rate.

The EAT chair receives a daily hearing fee of €591.10, and a daily consultation fee of €140.76. An EAT Vice Chair receives a daily hearing fee of €381.34 and a daily consultation fee of €113.00. An EAT member gets paid a daily hearing fee of €193.24 and a daily consultation fee of €97.57.

These fee levels reflect the public service pay cut of 2010.

EAT members also receive travel and subsistence at normal civil service rates where necessarily incurred.

Department sources pointed out that the EAT is due to be abolished under Government proposals to streamline employment rights bodies.

Legislation to create the new Workplace Relations Commission will be published shortly and it is hoped the new system will come into operation in the middle of the year.