WRC Developments – June 2023Posted in : Supplementary Articles ROI on 22 June 2023
We set out below number of developments at the Workplace Relations Commission (WRC) shared with Legal Island in June 2023 which may be of use to representatives, members and parties.
1. List of Frequently Cited Authorities in WRC jurisprudence
As part of the WRC’s mandate to provide information to the public and facilitate effective access to justice in relevant employment and equality matters, the WRC has prepared a list of the case authorities from other tribunals and courts which are most frequently cited before the WRC. The list was generated by a specially designed AI-based search of over 10,000 WRC decisions to establish the 150 most commonly cited decisions from other courts and tribunals. Whilst certain cases may not feature in the list, this may be because they were only cited a handful of times and the aim of this project was to reflect the most statistically significant cases to ensure greater access to information. This may change over time.
Please note that all of the WRC’s own jurisprudence is available on the WRC’s fully searchable website database and is therefore not included in the list.
In order to reduce the environmental impact of printing and sending large files to the WRC, parties no longer need to send the WRC copies of cases upon which they rely if they appear in the list below, which will be reviewed periodically. The full text of each case appears in the .pdf file contained in the link below. Parties/representatives can include a hyperlink to the decision if there is an open source link available.
However, parties must still explain why a case is relevant to their arguments and cite the relevant sections of the case authorities upon which they rely.
Please note that the list of authorities was last reviewed on the 6th June 2023.
2. Table of Remedies which WRC Adjudication Officers have Jurisdiction to Provide
The table linked below sets out the redress that may be granted by a WRC Adjudication Officer in the different areas of employment and equality legislation which come under the WRC jurisdiction. The table was last revised on 31 May 2023. Please note that further changes are likely to be required once relevant aspects of the Work Life Balance and Miscellaneous Provisions Act 2023 are commenced.
Where a person believes that their rights below may have been breached, they, or a person acting on their behalf, may submit a complaint to the Director General of the Workplace Relations Commission. The Director General may, if they consider the matter to be suitable for resolution by means of mediation, refer such complaint to a Mediation Officer. The WRC strongly encourages early engagement with mediation. Otherwise, they will refer the matter to an Adjudication Officer for adjudication.
4. Summary Information Guide for Practitioners
An updated version of an Information Note for practitioners, reflecting the 2021 procedures regarding 15 working day deadline prior to the hearing, for lodgement of submissions is here: https://www.workplacerelations.ie/en/publications_forms/information-for-practitioners-19-jan-20171.pdf
In addition, a link to other Adjudication Policy and Procedure documentss in the Adjudication hub of the website is here: Adjudication - Workplace Relations Commission
5. WRC Employment and Equality Rights Information
Along with short animated video series translated into a number of popular service user languages, the WRC website contains a suite of rights information guides which are regularly updated – see here for further information including sample 5-day terms etc which reflect the Transparent and Predictable Working Conditions Regulations 2022:Terms of Employment - Workplace Relations Commission, and information on the new tips legislation:Tips and Gratuities - Workplace Relations Commission
The videos may be helpful to clients who have not attended a hearing previously and may help to reduce any apprehension in advance of a hearing.
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.