Adjudication Service
Over the past number of weeks the WRC has engaged with its stakeholders in designing a delivery model matrix which will combine a mixture of dealing with complaints by way of written procedure, remote “virtual” hearings and, in line with health guidelines and the Roadmap to Opening Society and Business, providing a limited number of face to face hearings in WRC premises with effect from 20 July, 2020.
In this regard, the WRC would like to acknowledge the very constructive and positive input from the stakeholders to the consultation process and the assistance provided in trialling virtual hearings.
From 15 June 2020 the WRC is now writing to parties in relation to complaints received that are best suited for disposing of by way of written procedures or are suitable for virtual hearings seeking the consent of the parties to have the complaints handled in this manner. We are asking parties and representatives to be positively disposed to complaints being adjudicated upon via both written proceedings and remote hearings.
In addition, the WRC is offering dates to parties to attend face-to-face hearings (subject to social distancing and associated health measures) from 20 July. In the first instance, priority will be afforded to those cases that require a reconvening of a previously adjourned hearing.
The full Service Delivery matrix and associated procedures can be accessed by through the below hyperlinks.
Workplace Relations Commission: -Mediation and Adjudication During Covid19
An Coimisiún um Chaidreamh san Áit Oibre: - Idirghabháil agus Breithiúnas Le linn Covid19
Online Complaints:
Complaints for adjudication may be submitted using the online complaint form at the following link:
https://www.workplacerelations.ie/en/e-complaint_form/
It is recommended that parties use the online complaint form only to submit complaints and to be aware of the important timeframes for submitting these complaints. The date of receipt will be recorded on the online complaint form. The provision of email addresses by both parties is strongly encouraged to facilitate the WRC contacting both parties to progress complaints.
The process on How to Refer a Complaint is set out through this hyperlink.
Decisions:
The WRC will continue to issue Decisions to parties electronically during the current Covid 19 emergency. Parties will be contacted by telephone, in advance of the Decision issuing, confirming the email details on record and will be advised that the Decision will issue to that email address within the next 48 hours. In the event that the WRC cannot confirm the email details, or either of the parties indicate that it does not have access to the email at the time, the Decision will not issue. The Decisions which cannot be issued on this basis, for one reason or another, will issue in the normal fashion when processes return to normal.
Any queries on this or any other adjudication matter, should be emailed to pru@workplacerelations.ie
Appeals:
The Labour Court’s rules and guidelines regarding appeals, are available at the following link https://www.labourcourt.ie/en/useful-information/how-to-make-an-appeal-referral/.
Any appeal, (with the exception of appeals of Equal Status Complaints which lie to the Circuit Court), shall be initiated by notice in writing including by email to appeals@labourcourt.ie delivered to the Labour Court within 42 days from the date of the decision being appealed. In accordance with the provisions of the Interpretation Act 2005 the date of the decision is day 1 of the 42-day period. The Labour Court have indicated that appeals submitted by email can be made up to 12 midnight on the 42nd day and the date of receipt will be the date and time automatically recorded on the email system.
Equal Status Appeals:
While appeals of Equal Status complaints lie to the Circuit Court, the WRC does not propose to issue any Equal Status decisions at this point in time. These decisions will issue when restrictions are lifted.
Mediation:
The WRC Mediation Team is continuing to endeavour to contact parties, to offer them the option of telephone or virtual mediation. This may assist the parties to resolve the complaint speedily, without the need for adjudication.
Similar to the Adjudication, the Mediation Service will return to providing a limited face-to-face mediation service in WRC premises from 20 July.
Conciliation:
Conciliation referrals may continue to be submitted online via email at conciliation@workplacerelations.ie Some virtual and remote mediation and conciliation engagements have taken place during this period and will continue to be provided, if deemed suitable by all parties.
Inspections:
While limited on-site inspections and site visits have recommenced the Inspectorate will continue to work through complaints, inspections and matters arising remotely where possible and the co-operation of all parties to date is appreciated.
At present, in addition to carrying out its primary function in relation to employment rights, the Inspectorate is assisting the Health and Safety Authority in relation to monitoring the Return to Work Safely protocol.
In terms of document sharing, this can be sent by post to the relevant WRC office or you can use WRC’s secure file transfer facility, ShareFile. Should you wish to use this facility, the relevant inspector will assist in this regard.