If your client has a disability and requires a reasonable accommodation, or if they require other special facilities such as a language or ISL interpreter or if they are a victim of trafficking and require some other form of special assistance please set this out in the complaint form.
To date, online is the preferred method of referral of complaints to the Workplace Relations Commission. Approximately 84% of all complaints referred to date have been submitted online.
Where a complaint has been submitted online, it is not necessary to submit a hard copy or an electronic copy by e-mail. Duplicate referrals may result in delayed acknowledgement and processing
of the complaint.
Where a valid e-mail address is included, an automated e-mail confirmation of receipt of the complaint by the Commission will issue. The e-mail confirmation includes the unique reference number allocated. Queries regarding receipt by the Commission of complaints, correspondence or requests for a case status update are most efficiently dealt with by contacting the Workplace Relations. Customer Service Information Section at lo-call 0818 80 80 90.
When submitting complaints, practitioners should try to ensure that the complaint is referred in a single online or hard copy submission. Where possible, submission of piecemeal complaints should be avoided. It is appreciated that this may not always be possible, for example where the statutory deadline date for referral of a complaint is approaching.
Where there is more than one respondent, a separate complaint application should be referred for each respondent. This will enable the allocation of a unique reference number for each respondent.
Where more than one respondent is indicated, it may be necessary to return the referral to establish or clarify the specific complaints referred against each respondent.
If a single hearing involving several respondents is preferred, this should be indicated on the online referral or in the documentation accompanying a hard copy complaint referred.
Notification to the respondent that a complaint has been referred is issued to the address provided by the complainant under the “Respondent/Employer’s Full Legal Details” on the referral. In the case of larger respondent organisations, practitioners might consider providing the mailing address of the Human Resources Department / Head Office of the respondent for notification and correspondence purposes rather than the work address of the complainant. In such circumstances, it is not necessary to repeat the Head Office address later on in the referral.
When responding to complaint notifications, or informing the Commission of the appointment of representatives, where known, the name and contact details of the person responsible for handling the complaint in the firm or organisation should be included.
The complaint reference number and/or Adjudication file reference number should be quoted on all correspondence to the Commission and the party represented clearly identified.
When submitting written statements, practitioners should ensure that all relevant procedures for the submission of written statements and supporting documentation have been complied with. These are set out in the 'PROCEDURES IN THE INVESTIGATION AND ADJUDICATION OFEMPLOYMENT AND EQUALITY COMPLAINTS'.
Where possible, the statement should be short and concise and contain
a) A summary of the factual background to the complaint.
b) A summary of the evidence to be adduced by, or on behalf of the parties.
c) A summary of any legal arguments that may be relied upon in the course of the hearing,
appending case law where appropriate.
d) Where relevant, the number and details/names of witnesses that it is proposed to call at the
hearing.
Supporting documentation attached as appendices should only include documents directly relevant to the complaint.
Where written statements have been requested but not received by the Commission within a reasonable timeframe, the complaint will proceed and be scheduled for hearing.
It is Commission policy to copy all relevant correspondence received from one party to a complaint to the other party. It is important, therefore, that correspondence does not include information
regarding complaints against different respondents represented, unless the complaints are connected and for concurrent hearing.
In general, additional documentation, submissions or statements should also be copied to the other party to the complaint (or their representative) at the same time it is sent to the Commission.
Copies of all documentation submitted to the Commission and any documentation received from the other party via the Commission should be retained and brought to the hearing.
Statements and supporting documentation relating to complaints already referred to the Commission may be e-mailed to submissions@workplacerelations.ie . There is no requirement to resubmit the material in hard copy format.
It is very important that both sides submit all the documentation upon which they wish to rely as early as possible and no later than 15 working days before the scheduled date of the hearing. This rule introduced in December 2021 applies to all types of cases before the WRC. Parties must also copy their documentation to the other parties in the case. This allows time for the Adjudication Officer to prepare for the hearing, and in accordance with fair procedures, allows the parties sufficient opportunity to consider documentation and arguments submitted in advance of the hearing.
Parties are asked to copy their documentation to the other side. In addition, please note that all documentation submitted, including correspondence addressed to the WRC, will be circulated to all
parties to the dispute. You have the same right to see the other side’s documentation as they have to see your documentation.
Please also note that an Adjudication Officer may decide not to allow a party to introduce documents on the day of the hearing or within 15 working days of the scheduled date of the hearing. This is to ensure fair procedures for all parties. It is entirely a matter for the Adjudication Officer whether to allow any evidence to be submitted within 15 working days of the date of the hearing.