Complaints to Workplace Relations Commission

Introduction

In this article, I provide a summary of the process of filing a complaint with the Workplace Relations Commission (WRC) through to the conduct of a hearing and issuing of a decision.

Filing a Complaint to the WRC

If someone feels that there has been a violation of employment or equality laws, or if they have a specific grievance under industrial relations laws, they may file a complaint or refer a disagreement to the WRC. The Workplace Relations Complaint Form (Complaint Form) should be used to file a complaint.

The Complaint Form needs to be carefully completed, with the employer or respondent's name and address as well as all pertinent areas completed. Ensuring that the employer or respondent's legal name is written accurately on the Complaint Form is crucial.

A copy of the Complaint Form and any other materials received will be forwarded to the respondent in the event that a complaint is filed with the WRC (limited exclusions may apply to complaints requiring an inspection). It is imperative to furnish the accurate postal address of the respondent, such as the registered address of an organisation. It is critical that the complaint maintains up-to-date contact information with the WRC, including email and physical address.

A party runs the risk of missing crucial paperwork being delivered to them, like the hearing date, if they fail to notify the WRC of changes to their contact information.

Pre-filing Requirements

Please be aware that before filing a complaint, potential complainants must provide notice to the respondent under a number of the Acts the WRC oversees. The Equal Status Act4, for instance, mandates that a complainant give notice to the service provider before filing a complaint.

Furthermore, before bringing a dispute, the employee must request a statement of earnings from the employer under the National Minimum Wage Act. It is recommended that complainants finish these preliminary procedures and include the completed paperwork with their complaint. 

Date of Filing WRC Complaint

According to the Workplace Relations Act of 2015, a complaint or disagreement needs to be reported within six months of the alleged legal infraction. The Unfair Dismissals Act, the Employment Equality Act, and the Equal Status Act all have comparable time constraints. Regarding Redundancy Payment Act complaints, a lengthier time frame is applicable. 

The day a complaint or dispute is received by the WRC is the same as the date it is referred. If a complaint is not referred within the allotted period, an adjudication officer may grant an extension, up to a maximum of twelve months, if the Adjudication Officer determines that the complainant has provided "reasonable cause" for the delay.

The time period cannot be extended by an Adjudication Officer beyond 12 months following the most recent claimed violation (24 months in the case of a Redundancy Payments complaint). The Adjudication Officer alone has the authority to decide whether to extend time. If a complainant requests a longer period of time, they must include all necessary supporting documentation and a thorough justification for their request. If a complainant is using deception to establish a date of violation, they must include all pertinent information.

In order to facilitate the WRC's more effective operation, the WRC invites parties to grant permission for documents to be served electronically. 

Mediation of WRC Complaint

In some circumstances, the complaint could be forwarded to the Mediation Service in an effort to support and assist both parties in using mediation as a means of resolving conflicts. It is recommended that parties use this alternate dispute resolution procedure. The complaint will be sent to an adjudication officer for hearing if one or both parties refuse to participate in early resolution or mediation, or if attempts at resolution prove fruitless. 

Submission of WRC Complaint Statement or Supporting Documents

It is crucial that all supporting paperwork be submitted by both parties as soon as possible and no later than 15 working days prior to the hearing date. In compliance with fair processes, this gives the Adjudication Officer enough time to be ready for the hearing and gives the parties enough time to review any supporting documentation and arguments that were presented before the hearing. The other party requests copies of the parties' paperwork. Please be aware that all parties involved in the dispute will receive copies of all submitted materials, including letters sent to the WRC. 

A party may not to be permitted to present documents on the day of the hearing or within 15 working days before the hearing date, at the discretion of the adjudication officer. This will guarantee equitable procedures for all involved. Whether or not to accept any evidence provided within 15 working days of the hearing date is solely up to the Adjudication Officer. 

If each side can submit a written argument, it would be beneficial. This could consist of an events timeline and a succinct written narrative of the happenings. If the parties have this knowledge, they may refer to the pertinent case law or the relevant section of law that they rely on. If there is a claim of discrimination or penalization, you may want to discuss the connection between the alleged discrimination or penalization and the protected act. The adjudication hearing will be focused on matters pertinent to the complaint or disagreement at hand thanks to the case statement. 

Conduct of WRC Hearings

The Adjudication Officer is responsible for conducting the hearing and inquiry in a way that is appropriate for the facts of the case, compliant with fair procedures, and advances justice. Except in circumstances where a party can show that a remote hearing would not serve the interests of justice or would violate fair procedures, or until the WRC determines this on its own initiative, all WRC cases are deemed susceptible to remote hearing. 

To enable their needs, the parties, representatives, or witnesses should provide as much warning as possible if they have any exceptional requirements (such as the need for an interpreter). 

According to Workplace Relations Act 2021, unless the relevant Adjudication Officer determines on their own initiative or in response to a request from a party to the proceedings that the proceedings should be conducted in private due to the existence of "special circumstances," all WRC hearings involving the administration of justice—that is, all WRC cases other than those for disputes under Section 13 Industrial Relations Act 1969—will be held in public. "Special circumstances" might include, for instance, situations in which one of the parties has a medical condition or disability that they would prefer to keep private, cases involving sensitive subjects like sexual harassment, cases involving protected disclosures, or situations in which there is a possibility that a party could be harmed if the hearing is held in public or if the parties are mentioned in the ruling.

Parties may express their opinions prior to the hearing, but the adjudication officer will often make these choices at the hearing. The public may be allowed to attend the hearing if it has been determined that the matter will be heard in public. To aid applications from the parties at the hearing, WRC case lists are still released every week with only case reference details. The public will not be allowed entry if the adjudication officer determines that the hearing should take place in private. 

Ensuring that all pertinent information is supplied to the WRC ahead of the hearing and that all witnesses are available on the day of the hearing is the duty of the parties and their representatives. 

The parties involved and any present witnesses may be questioned by the Adjudication Officer. Each side will have the chance to present evidence, summon witnesses, cross-examine the other party and any witnesses, reply, and raise any pertinent legal issues. Typically, witnesses are permitted to attend the court; however, this is contingent upon the specifics of the case and the available physical or virtual space.

Considering fair processes, arrangements that will best promote accurate and effective testimony, the orderly conduct of the hearing, and the hearing room/virtual platform's capacity, the adjudication officer will determine what is appropriate. 

Issuing a WRC Decision and Appeal to the Labour Court

The Adjudication Officer will draft a written decision on the case after the hearing. This will include a resolution or suggestion about every grievance or disagreement. The parties will receive this. Additionally, the verdict will be posted on the WRC website.

Within 42 days of the decision's date, either party may file a written appeal with the Labour Court (decisions made under the ESA must be appealed to the Circuit Court within 42 days of the decision's date). 

Further information

This article was prepared by Barry Crushell for informational purposes only. For further advice, please email contact@crushell.ie or contact the offices of Crushell & Co Solicitors.