Bringing a Workplace Relations Commission Complaint
Enforcing Employment Rights
The Workplace Relations Act 2015 established the Workplace Relations Commission (WRC) replacing the Labour Relations Commission, Rights Commissioner Service, Equality Tribunal, and National Employment Rights Authority. Please consult an employment solicitor to advise of the various heads of claim that may be applicable to a workplace dispute.
WRC Adjudication
Adjudication Officers inquire into complaints or disputes, give the parties to the complaint or dispute an opportunity to be heard by the Adjudication Officer and to present to him\her any evidence relevant to the complaint or dispute and make a decision in relation to the complaint or dispute in accordance with the relevant redress provision.
Date of Complaint
In general, Adjudication Officers cannot entertain a complaint if it has been presented to the Director General of the WRC after the expiration of the period of 6 months beginning on the date of the contravention, unless there are exceptional circumstances.
Excusing Delay of Complaint
In considering if reasonable cause exists, it is for the employee to show that there are reasons which both explain the delay and afford an excuse for the delay. The explanation must be reasonable, that is to say it must make sense, be agreeable to reason and not be irrational or absurd. Please consult an employment solicitor if the date of the wrong is contested or uncertain.
Frivolous, Vexatious or Misconceived
Section 22 of the Workplace Relations Act states the Director of the Workplace Commission may dismiss a claim at any stage if it is of the opinion that it has been made in bad faith or as frivolous, vexatious or misconceived or relates to a trivial matter (e.g. if the employee has no reasonable chance in succeeding, then the law says that it is frivolous to bring the case).
Exhausting Internal Procedure
The Adjudication Officer must be satisfied that the employee has brought his or her complaint to the attention of the employer, so that the employer has had an opportunity to address the matter internally (e.g. Conway v Ulster Bank, the WRC found that the employeet had not acted reasonably in resigning without first having “substantially utilised the grievance procedure to attempt to remedy her complaints.”)
Appealing a WRC Decision
If either party, the employer or the employee, is unhappy with the decision of the Adjudication Officer following a WRC hearing, they have 42 days from the date of the adjudication to make an appeal to the Labour Court. The subsequent hearing at the Labour Court will be on a ‘de novo’ basis, meaning the Labour Court hears the case again, from the beginning.
Enforcing a WRC Decision
If an employer or employee fails to adhere to the final decision of the WRC or Labour Court , they may make an application directly to the District Court for an order directing the other party to comply with that decision.
