Appeals of Adjudications Officers’ decisions of the Workplace Relations Commission under Industrial Relations legislation and under the various Employment Rights enactments may be made to the Labour Court using the Labour Court Appeals Form.
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Such appeals must be notified to the Labour Court no later than 42 days from the date of the Recommendation/ Determination/ Decision/ Order concerned.
Note - Section 71 of the Workplace Relations Act 2015 enables the Minister, to provide by regulation, for the levying of fees and charges on the users of services to be provided by the Workplace Relations Commission (WRC) or the Labour Court.
The Minister introduced the Workplace Relations Act 2015 (Fees) Regulations 2015 with effect from 26 November 2015. These Regulations prescribe a “relevant service” for the purpose of Section 71 of the Workplace Relations Act 2015 as meaning any service provided by the Labour Court to an appellant, in relation to an appeal under Section 44 of the Act, by reason of the appellant’s failure or refusal, without reasonable excuse, to attend at the first instance hearing by an adjudication officer of the relevant complaint or dispute.
In effect, this means that in circumstances where a party who failed to appear at a first instance hearing of the WRC without good cause wishes to appeal the decision to the Labour Court, that party will have to pay a fee of €300 when lodging their appeal. If the Labour Court determines that the party in question had good cause for failing to attend the first instance hearing, the fee will be refunded.