Updated 13 June 2023
Background
In light of the Workplace Relations Commission’s history and the fact that upon its establishment in 2015 it absorbed the functions of a number of different adjudicative bodies, the legal basis for the referral of complaints and disputes to the Director General of the WRC for adjudication arises from a number of different pieces of legislation. These include the Workplace Relations Act 2015, the Unfair Dismissals Act 1977, the Employment Equality Act 1998, the Equal Status Act 2000, the Pensions Act 1990, the Protection of Employees (Employers’ Insolvency) Act 1984, the Redundancy Payments Act 1967 and the Industrial Relations Act 1969. See more on these different legislative schemes below.
Complaints
Where a person believes that their rights below may have been breached, they, or a person acting on their behalf, may submit a complaint to the Director General of the Workplace Relations Commission. The Director General may, if they consider the matter to be suitable for resolution by means of mediation, refer such complaint to a Mediation Officer. Otherwise, they will refer the matter to an Adjudication Officer for adjudication.
Complaints may be submitted to the WRC under a number of different pieces of legislation which are listed below. The first set of rights are contained in Schedule 5 of the Workplace Relations Act 2015 as follows:
1. Minimum Notice and Terms of Employment Act 1973 | 2. Protection of Employment Act 1977 |
3. Payment of Wages Act 1991 | 4. Terms of Employment (Information) Act 1994 |
5. Protection of Young Persons (Employment) Act 1996 | 6. Transnational Information and Consultation of Employees Act 1996 |
7. Organisation of Working Time Act 1997 | 8. Protections for Persons Reporting Child Abuse Act 1998 |
9. Protection of Employees (Part-Time Work) Act 2001 | 10. Competition Act 2002 |
11. Protection of Employees (Fixed-Term Work) Act 2003 | 12. Industrial Relations (Miscellaneous Provisions) Act 2004 |
13. Health Act 2004 | 14. Safety, Health and Welfare at Work Act 2005 |
15. Employment Permits Act 2006 | 16. Employees (Provision of Information and Consultation) Act 2006 |
17. Consumer Protection Act 2007 | 18. Chemicals Act 2008 |
19. Charities Act 2009 | 20. National Asset Management Agency Act 2009 |
21. Inland Fisheries Act 2010 | 22. Criminal Justice Act 2011* |
23. Property Services (Regulation) Act 2011 | 24. Protection of Employees (Temporary Agency Work) Act 2012 |
25. Further Education and Training Act 2013 | 26. Central Bank (Supervision and Enforcement) Act 2013 |
27. Protected Disclosures Act 2014 | 28. A registered employment agreement within the meaning of Chapter 2 of Part 2 of the Industrial Relations (Amendment) Act 2015 |
29. Industrial Relations (Amendment) Act 2015 | 30. European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) (other than Regulation 4(4) (a)) |
31. European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004 (S.I. No. 494 of 2004) | 32. European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 (S.I. No. 507 of 2006) |
33. European Communities (European Public Limited - Liability Company) (Employee Involvement) Regulations 2006 (S.I. No. 623 of 2006) | 34. European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 (S.I. No. 259 of 2007) |
35. European Union (Reporting, Analysis and Follow-up of Occurrences in Civil Aviation) Regulations 2020 (S.I. 195/2020) in relation to a complaint of a contravention of Article 16(9) of EU Regulation 376/2014 | 36. European Communities (Cross-Border Mergers) Regulations 2008 (S.I. No. 157 of 2008) |
37. European Communities (Working Conditions of Mobile Workers engaged in Interoperable Cross-border Services in the Railway Sector) Regulations 2009 (S.I. No. 377 of 2009) | 38. European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 (S.I. No. 36 of 2012) |
39. An employment regulation order under section 42C of the Industrial Relations Act 1946 | 40. A sectoral employment order within the meaning of Chapter 3 of Part 2 of the Industrial Relations (Amendment) Act 2015 |
41. Maternity Protection Act 1994 | 42. Adoptive Leave Act 1995 |
43. Parental Leave Act 1998 | 44. National Minimum Wage Act 2000 |
45. Carer’s Leave Act 2001 | 46. Paternity Leave and Benefit Act 2016 |
47. Parent’s Leave and Benefit Act 2019 | 48. Sick Leave Act 2022 |
49. Maritime Area Planning Act 2021 | 50. Work Life Balance and Miscellaneous Provisions Act 2023 |
Complaints may also be submitted under the following pieces of legislation which are not included in Schedule 5 of the Workplace Relations Act 2015:
| 1. Unfair Dismissals Act 1977 |
| 2. Employment Equality Act 1998 |
| 3. Equal Status Act 2000 |
| 4. Pensions Act 1990 |
| 5. Protection of Employees (Employers’ Insolvency) Act 1984 |
| 6. Redundancy Payments Act 1967 |
| 7. Industrial Relations Act 1969 |
| N.B. Cases brought under the Industrial Relations Act 1969 are referred to as ‘disputes’ rather than ‘complaints.’ IR disputes are heard in private whereas the remainder of the complaints above are heard in public unless the Adjudication Officer decides that ‘special circumstances arise’. |
Explanatory Note
As set out above, the legal basis for the referral of complaints and disputes to the Director General of the WRC for adjudication arises from a number of different pieces of legislation, which include the Workplace Relations Act 2015, the Unfair Dismissals Act 1977, the Employment Equality Act 1998, the Equal Status Act 2000, the Pensions Act 1990, the Protection of Employees (Employers’ Insolvency) Act 1984, the Redundancy Payments Act 1967 and the Industrial Relations Act 1969.
- The legislative basis for the referral of complaints and disputes under most of the legislation within the WRC’s remit is governed by the provisions of Section 41 of the Workplace Relations Act 2015. Section 41 of the Workplace Relations Act 2015 creates a common procedure for the presentation of complaints and the referral of disputes under various pieces of employment legislation to the Director General of the WRC. The individual employment enactments under which a person can present a complaint or refer a dispute to the Director General of the WRC in accordance with the provisions of Section 41 are listed in Schedule 5 of the Workplace Relations Act 2015.
- The legislative basis for the referral of complaints to the Director General of the WRC under the Unfair Dismissals Act 1977 arises from Section 8 of that Act.
- The legislative basis for the referral of complaints to the Director General of the WRC under the Employment Equality Act 1998 arises from Section 77 of that Act.
- The legislative basis for the referral of complaints to the Director General of the WRC under the Equal Status Act 2000 arises from Section 21 of that Act.
- The legislative basis for the referral of complaints to the Director General of the WRC under the Pensions Act 1990 arises from Part VII of that Act.
- The legislative basis for the referral of complaints to the Director General of the WRC under the Redundancy Payments Act 1967 arises from Section 39 of that Act.
- The legislative basis for the referral of complaints to the Director General of the WRC under the Protection of Employees (Employers’ Insolvency) Act 1984 arises from Section 9 of that Act.
- The legislative basis for the referral of a trade dispute to the Director General of the WRC under the Industrial Relations Act 1969 arises from Section 13 of that Act. See also the Garda Industrial Relations (Amendment) Act 2019, which commenced in February 2020.
*The Prevention of Corruption (Amendment) Act 2001 was repealed by the Criminal Justice (Corruption Offences) Act 2018 (9/2018), section 4 and schedule 2, (S.I. No. 298 of 2018). The anti-corruption provisions introduced by the 2018 Act are included in the list of “relevant offences” in the Criminal Justice Act 2011 section 3 and schedule 1 paragraph 28A.
Disclaimer: While every care has been taken in the preparation of this adjudication information page, the Workplace Relations Commission can assume no responsibility for and gives no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors or omissions by email to customerservice@workplacerelations.ie
The WRC is an independent, impartial body and is not in a position to give legal advice. The information above is not to be treated as advice. It was last updated on 13 June 2023. Consult Irish Statute Book for the latest version of legislation in force.