Zalewski -v- Adjudication Office & ors [2021] IESC 24

Posted In: Case Law
  • Case Reference
    IESC 24
  • Legal Body
    Irish Supreme Court (IESC)
  • Type of Claim / Jurisdiction
    Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Right to a Fair Hearing; Administration of Justice; Constitutional Rights; Workplace Relations Act 2015

In a remarkable decision (and even more remarkable dissenting judgements), the Supreme Court of Ireland (O'Donnell J. delivering the majority decision in  a 4:3 split) has ruled that certain elements of the WRC's adjudication hearing process are unconstitutional, although the Court declined to rule that the Workplace Relations Act 2015 was itself unconstitutional. 

Regular readers will have followed this case for a number of years - this is the applicant's second case before the Supreme Court. In 2019 the Supreme Court ruled he had the requisite locus standi to pursue his constitutional challenge. It's taken a further two years to have the more substantive issues dealt

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This article is correct at 08/04/2021

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