Background to WRC Hearings
The Workplace Relations Commission (WRC) has established procedures for examining and investigating employment and equality complaints and disputes. These procedures take into account the Workplace Relations (Miscellaneous Provisions) Act 2021 and the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020. The WRC reserves the right to vary these procedures generally and in the circumstances of individual cases.
Raising a Complaint to the WRC
Complaints can be made or referred to the WRC when there is a breach of employment and/or equality legislation or an individual grievance under industrial relations. The Complaint Form should be filled out accurately, including the employer/respondent’s name and address. The complainant must keep the WRC informed of their current email, physical address, and contact details.
Pre-complaint steps include notifying the respondent in advance of lodging the complaint form, completing preliminary steps, and submitting the information as part of the complaint. Time limits for referring a case to the WRC include six months for alleged contravention of legislation, with equivalent time limits under the Unfair Dismissals Act, Employment Equality Act, and the ESA. If a complaint is not referred within the time limit, an extension may be granted by an Adjudication Officer up to a maximum of 12 months. If a complainant seeks an extension, they must provide detailed reasoning and supporting documents. The WRC encourages parties to consent to the service of documents by electronic means, as it allows the WRC to work more efficiently.
Complaints or disputes may be dismissed if they are frivolous, misconceived, or vexatious. If a complaint is dismissed under the relevant provisions of the WRA 2015 and/or the EEA 1998, the complainant may appeal to the Labour Court. If a complaint is struck out under section 22 of the ESA 2000, the appeal lies to the Circuit Court.
Mediation at the WRC
Mediation is an alternative dispute resolution option, and parties are encouraged to engage in it. If one or both parties are unwilling to engage in early resolution or mediation, the complaint will be referred to an Adjudication Officer for hearing. The WRC Mediation Service determines suitable mediation methods.
Exchange of documents before WRC Hearings
Parties can consent to the service of documents by emailing pru@workplacerelations.ie quoting the CA and/or ADJ reference assigned to their case and giving their consent. When a case is referred to the WRC, all material received from one party will be copied to the other, so that both parties are fully aware of all the material received. Complaints and disputes are initially processed by the WRC offices in Carlow and sent forward to adjudication, mediation, or inspection, as appropriate. Where sent forward to adjudication, they are formally delegated by the Director General to an independent Adjudication Officer for hearing. If both parties consent, a case may be decided on the basis of written submissions only without a hearing being required.
Both sides must submit all documentation and documents no later than 15 working days in advance of a hearing. Documentary evidence, such as letters, emails, and evidence from meetings, contracts, or employee handbooks, is also required. Parties must provide a written statement of their case, including a chronology of events, a concise account of what happened, and relevant case law or piece of law. The case statement ensures that the adjudication hearing focuses on the issues relevant to the complaint or dispute at hand. The Workplace Relations Commission (WRC) has updated its procedures for hearings and investigations in the workplace.
WRC Hearing Dates
Remote hearings are allowed for all WRC cases, unless a party can demonstrate that holding a remote hearing would not be in the interests of justice or breach fair procedures. The WRC will contact parties with a time and date for the adjudication hearing and reasonable notice will be given. If a party wishes to raise an objection to their case, they must apply under the WRC’s policy within 5 working days of the hearing notification letter on consent. If a party has special requirements, they should give as much notice as possible to be facilitated.
WRC Hearing Postponements
The WRC’s postponement procedure consists of two distinct processes: Process 1 and Process 2. Process 1 concerns requests on consent made early, which meet certain criteria and are granted as matter of course. Process 2 concerns requests where there are “exceptional circumstances and substantial reasons.” Parties are requested to consult the guidelines before making an application for postponement.
WRC Hearings – Private or Public?
All WRC hearings involving the administration of justice will be conducted in public unless the relevant Adjudication Officer decides that the proceedings should be conducted in private due to’special circumstances’. The Adjudication Officer will decide based on the facts of the case in accordance with the law and fair procedure. If the hearing is to proceed in public, members of the public may be admitted into the hearing. WRC case lists are published weekly to facilitate applications by parties at the hearing.
WRC Hearing Process
The responsibility of parties and their representatives is to ensure all relevant information has been sent to the WRC prior to the hearing and all witnesses are available on the day of the hearing. The Adjudication Officer can ask questions of each party and witnesses attending, and they will give each party the opportunity to give evidence, call witnesses, question the other party and witnesses, respond, and address legal points. Witnesses are allowed to attend hearings, but the decision depends on the circumstances and capacity of the hearing room. The Adjudication Officer will decide on appropriate procedures, fair procedures, and arrangements to support the effective and accurate giving of evidence. The Adjudication Officer may take evidence on oath or affirmation, explaining that swearing an oath or making an affirmation is a criminal offense punishable by imprisonment and/or fine.
Parties and witnesses should be prepared to refer to their own holy book if they wish to swear an oath. If they require assistance, they should email pru@workplacerelations.ie 10 days in advance.
Parties should treat each other, the Adjudication Officer, and WRC staff members with respect. If a party’s behavior impacts the conduct of the case, the Adjudication Officer may terminate proceedings.
WRC Decisions
If a party is unhappy with a decision, they have a right of appeal. Harassment or defamation of Adjudication Officers or staff will not be tolerated.
Adjudication Officers can draw adverse inferences in certain circumstances, and the decision will be prepared and uploaded to the WRC website. Parties may appeal the decision in writing to the Labour Court within 42 days of the date of the decision, or the decision is legally binding and may be enforced through the District Court.
