Sources of Irish Law - Essay Example

Even though new laws and law reform have increasingly been brought about through acts of parliament, usually inspired by policies of the government of the day. Even so, the development of Case Law remains an important source of Irish Law.

A statement of law made by a judge in a case can become binding on late judges and can be this way become the law for everyone to follow.

1. iv) European Law

Like the other member states of the E.U, E.U Law is binding with Ireland. The signing of the European communities Act 1972, means that E.U Law overside Irish Law and courts must interpret, whenever possible domestic law by it. The case can be referred to the European Court of Justice for final judgments.

1. B) Powers and Functions of the Labour Relations Commission. The Labour Relations

Commission has the general responsibility of promoting good industrial relations in Ireland. In regard, it provides a comprehensive range of industrial relations services including advice, conflict resolution, (conciliation facilitation and mediation), and conflict prevention.

The Labour Relations Commission was formed to overside all labors employment, discrimination, and another related issue in the industrial and other related setups in Ireland.

The commission has over a period been charged with responsibilities and has been vested with some powers: -

Conciliatory Role

Conciliation is a voluntary mediation process. In this process, a professional external mediator assists employers and their employees to resolve disputes when their efforts have not succeeded. The process can be described as a facilitated search for agreement between disputing parties.

The Labour Relations Commission through its conciliatory process assigns a mediator, known as an Industrial Relations Offices (I.R.O) who acts as an independent, impartial chairperson in discussions and negotiations between the negotiating teams that represent the employer and the employees. Their task is to assist them in their efforts to reach a mutually acceptable settlement to their dispute.

For conciliation, a series of meetings are involved that usually take place on the same day. The process starts with the industrial relations officer chairing a joint meeting of the parties representing the parties separately. The first meeting enables the IRO to hear the party's assessment of the dispute. Subsequent meetings explore the possibilities for a settlement.

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International Law & Conventions

         International Law which is binding in all members of the United Nations and has been adopted in the member's countries has become an important source of Irish Law.

Conventions that also require U.N members’ ratification have equally become a source of Law in Ireland.

The Advisory Powers and Role:

 The Advisory service division with employers and trade unions in dispute situations to develop effective industrial relations, practices, procedures, and structures that best meet their needs. The division is independent, impartial, and experienced in industrial relations practice and theory. Discussions with the parties, the staff of the division will tailor assistance to individual union/ management requirements. This assistance to an individual to the parties and free of charge.

The division assists employers and employees build and mountain positive working relationships and works with them to develop and implement ongoing effective problem-solving mechanisms. With these in place, the organization (management and employees) is free to concentrate on objectives, meet competitive challenges, implement organizational charges and positively address employee expectations and concerns.

The advisory service delivers a broad range of services to its customers to fulfill its functions: -

Industrial Relations And its

Mediatory Powers and Role: -

The Labour Relations Commission's workplace mediatory service provides a prompt, confidential and effective remedy to workplace conflicts, disputes, and disagreements.

Workplace mediation is particularly suited to disputes involving small groups of workers. e.g.

• Interpersonal differences, conflicts, difficulties in working together.
• Breakdown in a working relationship
• The issue arising from grievances and disciplinary (particularly before a matter becomes a disciplinary issue)
• Industrial Relations issue which has sort been the subject of a referral to the Rights Commission service or the conciliatory service, the labor court or, other statuary dispute resolution body.

Mediation provides an opportunity for those involved to address the issue, explore and reach a workable on time through a mutually agreeable course of action. The process is flexible and can be adapted depending on individual situations but essentially revolves around giving every individual concerning the opportunity to give their side of the story and to work with another party to find a solution.