The Workplace Relations Commission (WRC) is part of a relatively new legal framework that determines employment law disputes within Ireland. The WRC began operating in 2015 and is an amalgamation of separate employment law tribunals which were previously in place.
Workplace Relations Commission services
The WRC operates a number of services, namely: -
- the advisory service
- the mediation service
- the conciliation service
- the adjudication service, and
- the inspection service.
If you have been served with WRC Claim Papers, all the above-listed services will be available to you as supports to bring the claim to a satisfactory conclusion.
WRC Claim Papers
If an employee takes a claim against you in the WRC, you will be issued with a set of documents known as ‘Claim Papers’. Claim Papers include a table containing details of the claims taken against you on the front page. Throughout the documents, each claim will be explained in detail, allowing you to know what to prepare for.
Preparing for hearing
The WRC will list your hearing after a number of months. During this period, you should be preparing your replies to each claim. This is a labour intensive exercise as your replies to each claim will need to be supported with recorded evidence and paginated in date order. There are also time limits to consider. The WRC operates on 7-week cycles. Your case may be listed as early as 7 weeks after receiving your Claim Papers.
The hearing itself
The hearing itself will be heard by an Adjudication Officer, in a hotel conference room or in the WRC headquarters on Lansdowne Road, Dublin 4. Hearings are scheduled near the location of the claimant’s place of residence. The Adjudication Officer will sit at the head of the table and the parties to the dispute will sit either side.
Written submissions
In WRC cases you are expected to submit a written account of your case. This will typically consist of a booklet of evidence to back up what you are saying. You will usually be asked to read your submission and follow up by giving direct evidence.
Representation
It is best to give your direct evidence under the guidance of a representative who is experienced in introducing legal arguments. Appointing a representative ensures the hearing follows a coherent structure and that your arguments make the most impact. You will also have the opportunity to cross-examine the employee making the complaint. A representative trained in this area will be your best asset here.
Determination
You will not receive a decision on the day of the hearing. The WRC aims to provide its determination within 6 to 8 weeks. Do not be surprised if this timeframe is not met. It is not uncommon for a number of months to elapse before a decision is issued.
Appeals
If you receive an adverse finding in the WRC, you may appeal the decision to the Labour Court. It is important to note that Labour Court decisions are published and may be picked up on by national papers. The decision to appeal will, therefore, need to include consideration of any potential negative outcomes resulting from disclosure of sensitive employment matters in the press.
A Workplace Relations Commission claim will put a lot of strain on your business. For immediate support, call our 24-hour advice line on 0818 923 923 to speak with an expert
