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Workplace Relations Commission Complaints

Workplace Relations Commission Complaints under Irish Law

We are here for you when you need expert legal advice on bringing a Workplace Relations Commission complaint. Crushell & Co employment solicitors have extensive experience in advising both employers and employees on all aspects of Workplace relations Commission complaints. We have a track record of achieving successful outcomes for our clients, through both formal and informal mechanisms.



Speak to one of our Dublin based specialist employment solicitors to determine how we can best assist you with your 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.

Crushell & Co is a boutique law firm offering bespoke employment law advice. We advise employers and employees on all aspects of Irish employment law. We have extensive experience in advising clients on every aspects of the employment relationship, from recruitment to retirement, remuneration to redundancy and workplace disputes to dismissal. We have a track record of achieving successful outcomes for our clients, through both formal and informal mechanisms. 


Speak to one of our Dublin based specialist employment solicitors to determine how we can best assist you with your employment law matter.


For further information, please complete the form below or contact our offices to schedule a consultation.

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Crushell & Co are relentlessly client focused, ensuring the best possible outcome to your workplace legal or regulatory matter. 

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By advising both employers and employees, Crushell & Co brings a wholistic perspective to workplace disputes.
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