WRC – Postponement Process
1 July 2021
Your privacy is important to us and we are fully committed to keeping your personal information safe. This privacy statement is intended to provide you with information about the personal information you provide us with and how that information will be used and shared when you submit details to us as part of our postponement process. It also sets out your privacy rights. Please take a moment to familiarise yourself with our privacy practices so that you are fully aware of how and why we are using your personal data.
1. Data Controller
The Workplace Relations Commission (the “WRC”) is the Data Controller for the WRC Postponement Process. This means that we have certain responsibilities when we process or “use” your Personal Data. Part of these responsibilities include that we provide you with information about your personal data. This information is set out in this Privacy Statement.
2. Our Data Protection Officer
We have appointed a Data Protection Officer, Ms. Celyna Coughlan for you to contact if you have any questions regarding this privacy statement, our privacy practices or if you wish to exercise your data rights. Our Data Protection Officer can be reached by e-mail at: firstname.lastname@example.org. We value your opinions. Should you have any questions or comments related to this privacy statement, please contact us at: email@example.com.
3. What is the WRC Postponement Process?
In the course of the scheduling of a Hearing, it may become necessary for a Party to request that the scheduled date is postponed. Postponements have implications for the parties and the use of the resources of the Workplace Relations Commission (the ‘WRC’). As of 1 July 2021, the WRC considers all Applications for Postponement under the revised Postponement Guidelines. These guidelines replace the 2020 Postponement guidelines and result from the annual review of the previous guidelines.
The WRC is obliged to conduct its functions in an effective and efficient manner and considers all postponement applications with due regard to the rights of the parties to fair procedures and reasonable expedition in having a scheduled complaint heard in a timely manner.
4. Information we will collect in relation to a Postponement Application
In the context of a Postponement Application, we will collect the following information:
- Home Address
- Work Address
- Contact Telephone Number
- E-mail Address
- PPS number
- Employer PAYE number if known
- Details of representative for a complainant where applicable (again name, address, e-mail, telephone number).
- Additional evidence as submitted by the Parties in their Postponement Application and which is pertinent to the application, for example medical reports, travel documentation, death notice, other e-mailed correspondence.
5. Why we are using your personal data?
The primary purpose for which we use your personal data is in relation to the processing of your Postponement Application.
6. Who has access to the data?
We will ensure that your Personal Data are only accessed by a limited number of our personnel. WRC operates a CAS database for Adjudication Services. Access to the CAS database is permission controlled.
The source of this information will originate from the details you have provided in your application under the July 2021 WRC Postponement guidance.
7. What is our legal basis for using your personal data?
We are required by data protection law to indicate to you the legal basis which relates to our use of your personal data. These are (as relevant):
- Article 6(1)(e) GDPR - processing is necessary for the performance of a task carried out in the public interest or in the exercise in official authority vested in the Controller (in this case the Controller is the Workplace Relations Commission (the “WRC”); and
- Article 6(1)(c) GDPR - processing is necessary for compliance with legal obligations to which the Controller (i.e. the Workplace Relations Commission; the “WRC”) is subject. Since 1 October 2015 the WRC is obliged to handle first instance employment rights and equality complaints as provided for pursuant to enactments specified in Schedule 5 of the Workplace Relations Act 2014, the Unfair Dismissals Act 1977, the Equal Status Act 2000, the Employment Equality Act 1998, Pensions Act 1990, Redundancy Payments Act 1967, Protection of Employees (Employer’s Insolvency) Act 1984 and S13 Industrial Relations Act 1969
8. Data storage and retention
We will not retain or use your personal information for any longer than is necessary.
We will only store and retain your Personal Data for as long as required for the processing of your Adjudication Complaint and to be retained until seven years have elapsed since the file was closed.
9. International transfers
We do not transfer your personal data outside the European Economic Area (EEA).
10. Your data rights
You have certain rights under data-protection law in relation to how we use your personal information. You have the right, free of charge, to:
- Request a copy of the personal information we hold about you. You can do this by completing a Subject Access Request (SAR) form. A copy of the form is available here. Access Request Form.
- Rectify any inaccurate personal information we hold about you. If your personal data is incomplete, you have the right to have data completed, including by means of providing supplementary information.
- Restrict processing of your personal information in certain limited circumstances (e.g. if you have contested the accuracy of your personal data, for a period enabling us to verify accuracy).
- Not be subject to a decision which is based solely on automated processing where that decision produces a legal effect on you or otherwise significantly affects you. We do not make automated decisions of this nature.
We may take measures to verify your identity. We will do this by reference to copies of acceptable identification documentation supplied by you.
11. Consequences of not providing information
Where you fail to provide us with the information we require, including the Personal Data required for a Postponement Application, we may be restricted or unable to process your application. This could result in the postponement not being granted.
12. Making a complaint
In the first instance, we would ask you to contact us directly if you have concerns about how we process your personal data. You can do this by e-mailing us at: PersonalDataRequest@workplacerelations.ie
You can also make a complaint with the Data Protection Commission (DPC) if you have concerns about how we process your personal data.
13. Changes to this privacy statement
We may update this privacy statement from time to time. If we make changes, we will notify you prior to the changes taking effect by posting a statement on our website.