NERA vs LRC

Our company has been through an employment issue with NERA. This was resolved to the satisfaction of NERA. However the party concerned has now brought the issue to the LRC. Can anyone advise me if the governments agencies can continuously attack the same issue? How many channels can you be challenged from.

To be clear, the issue is resolved to the satisfaction of NERA.

That is a very good question.

I had thought that NERA could not award compensation,but I see from its website that it can.

I find the whole area very confusing and it is very difficult to get clear information on who does what in this area.

However, don't be too worried about the LRC. It is very informal. In most cases, they broker an agreeement between the two parties. If they find in favour of the employer, the employee may well appeal it to the EAT, so save your energy for the EAT.

Brendan

NERA and the LRC are separate entities, so even though an agreement was reached to the satisfaction of the NERA, there is nothing preventing the employee taking it to the LRC. That's the important point here, it's not a state agency chasing you with the LRC, it's the employee seeking further redress.

A similar, though not perfect, analogy would be satisfying the Health and Safety Authority with certain actions, but an employee still pursuing a claim with the injuries board for an injury (I said it wasn't perfect). Separate identities and in the latter case, it is the right of the employee to pursue this.

The LRC may look favourably, though, give the fact that you satisfied NERA with your actions.

Thanks folks. I appreciate your points. I will let you know how I get on. It takes place next month. Just felt a bit frustrated when the issue was closed with one agency only get post from the LRC to meet on the same issue.

From reading between the lines though - it appears to get the issue closed at LRC level is most important. That, I believe, is a really valuable piece of information, thanks.

If you do manage to close the issue at LRC level, is there a declaration made that prevents the employee from going to the EAT?

Claire1956 said:

If you do manage to close the issue at LRC level, is there a declaration made that prevents the employee from going to the EAT?

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Not as far as I know Claire. The right of appeal would exist on any decision I'd have thought.

While the LRC is informal it wouldn't hurt to run by the scenario with someone. I know if you're a member of IBEC, ISME, SFA etc, they can advise and sometimes represent you as part of membership. But you could also run it past your solicitors too if you haven't already. It's nice to know what could happen and what to expect in these situations.

Claire1956 said:

If you do manage to close the issue at LRC level, is there a declaration made that prevents the employee from going to the EAT?

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If employee agrees , it can be done ... but why would they cut off this avenue, they already feel this is serious enough to go this far


LRC is a talking shop, neither party will agree, and commisioner will have to send this on to Labour Court.

LRC only passes you onwards ..

The 'injured party' pursued both avenues, NERA and LRC at the same time. From the paperwork received from the LRC, this avenue commenced prior to NERA even communicating what they wanted us to do.

BTW the issue is particular to not being issued with Terms of Employment.

Folks, thanks for your inputs. We met with the LRC. None of the employees showed. So the LRC have said that from their perspective the matter was pretty much closed, BUT it was explained to us that this does not prevent the employees coming back to seek a new date, nor stop them from just going direct to the EAT.

However given the nature of the claim this does not appear to be a likely occurence. In other words the injured parties blew off the LRC.