In Zalewski v. Adjudication Officer & Ors,[1] the Supreme Court unanimously held that the absence of a provision for an Adjudication Officer to administer an oath or affirmation and the absence of a possibility of punishment for giving false evidence, were both inconsistent with the Constitution of Ireland. The Workplace Relations (Miscellaneous Provisions) Act 2021[2] was subsequently introduced to address these shortcomings. Together with the Redundancy Payments Act 1967 and the Workplace Relations Act 2015, the Workplace Relations (Miscellaneous Provisions) Act 2021 sets out various matters relating to the conduct of Adjudications before the Workplace Relations Commission. These guidelines are intended to supplement the aforementioned legislation and do not supplant it. In case of conflict, the legislation shall take precedence over these guidelines.
[1] [2021] IESC 24.
[2] Amending inter alia the Workplace Relations Act 2015; the Redundancy Payments Act 1967; the Unfair Dismissals Act 1977; the Protection of Employees (Employers’ Insolvency) Act 1984; the Employment Equality Act 1998; and the Equal Status Act 2000.
WRC Witness Guidelines and Oaths and Affirmations is also available in other languages in our Other Language Publications section or by clicking on the links below for the relevant language.
WRC Witness Guidelines
Gaeilge - Polish - Lithuanian - Latvian - Romanian
Mandarin - Spanish - Bulgarian - Brazilian (Portuguese) - Arabic
Oaths and Affirmations
Gaeilge - Polish - Lithuanian - Latvian - Romanian
Mandarin - Spanish - Bulgarian - Brazilian (Portuguese) - Arabic