Adjudication of employment rights disputes and complaints

If you have a workplace complaint that cannot be resolved informally, you can make a formal complaint to the Workplace Relations Commission (WRC).

The WRC provides mediation and adjudication services for disputes relating to employment rights.

Complaints can be about redundancy, unfair dismissal, minimum notice, minimum wage, hours of work and leave. The WRC can adjudicate on complaints made under the employment legislation listed in Schedule 5 of the Workplace Relations Act 2015 and certain other legislation.

You can make a complaint to the WRC if you are:

• The person directly affected (the ‘direct complainant’)
• A person acting on behalf of the direct complainant

If you cannot resolve your complaint informally with your employer, you can make a formal complaint to the WRC using its online complaint form.

If you have any additional documents to support your complaint, you should send them to submissions@workplacerelations.ie and mention your complaint reference number.

Depending on your complaint, you may have to take ‘pre-complaint steps’, such as gathering supporting documents and sending them to the WRC as part of the complaint. For example, if you are making a complaint under the National Minimum Wage Act, you need to request a ‘statement of earnings’ from your employer before making your complaint to the WRC.

You must make your complaint to the WRC within 6 months of the alleged breach of the Act. The time limit may be extended by a further 6 months if there was reasonable cause for the delay.

How your complaint is handled

Your complaint can be dealt with by mediation or adjudication.

Mediation: If both you and your employer agree to mediation, a mediator will help you reach a mutually acceptable agreement. This method often prevents complaints from reaching the stage of a formal court hearing. The mediation can be carried out by phone, video, or face-to-face meetings.

Adjudication: If mediation is not possible or unsuccessful, an adjudication officer will have a formal public hearing and make a binding decision.

If your complaint goes to adjudication, it is referred to an independent ‘adjudication officer’. The adjudication officer generally conducts an inquiry.

In some cases, the WRC may decide to deal with the complaint by written submissions only, unless either party objects within 42 days of being informed. You can read about the WRC procedures in the investigation of employment and equality complaints (pdf).

Preparing for the hearing

Before the hearing takes place, you must:

• Gather all the relevant evidence and documents to support your case (such as emails, contracts, handbooks, meeting minutes, audio recordings, or CCTV footage).
• Give this evidence to the adjudication officer and provide a copy to the other party at least 15 working days before the hearing.

WRC adjudicators can administer an oath or affirmation. Giving false evidence under oath is a crime that can be prosecuted.

The adjudication officer can decide not to allow you or your employer to introduce documents on the day of the hearing or within 15 workings days of the hearing date.

Attending the hearing

You will be given reasonable notice of the time and date of the hearing, usually at least 4 weeks in advance.

The WRC may decide to conduct your hearing remotely. If you do not agree with that decision, you can object within 10 days of getting the notice. The WRC has more information about the procedures for objecting to hearing arrangements.

Those involved in the complaint may be represented at the hearing by:

• A trade union official, or an official of a body which represents the interests of employers
• A practising barrister or practising solicitor
• A parent or guardian, as well as one of the people already listed (in the case of a complainant who is aged under 18)
• Any other person with the permission of the adjudication officer

Hearings are held in public (except cases where there are ‘special circumstances’) .

The WRC has information about what happens at an adjudication hearing.

The adjudicator’s decision

The adjudication officer gives a written recommendation (industrial relations cases) or written decision (all other cases) based on the relevant employment law.

Decisions by adjudication officers will be published, and in most cases, will include the names of the parties involved.

If you are unhappy with the adjudicator’s decision, you can appeal to the Labour Court within 42 days. If you do not appeal the decision within 42 days, it becomes legally binding and can be enforced through the District Court.

Complaints about discrimination that are decided under the Equal Status Acts must be appealed to the Circuit Court.

You can read about making an appeal on the WRC website. You can also contact the WRC’s Information and Customer Services - see 'More information about complaints to the WRC’ below.

The employer has 56 days to carry out the decision of the adjudication officer. If the employer fails to do so, then the employee, the WRC, the employee’s trade union or excepted body can apply to the District Court for an order directing the employer to do so. An excepted body is a body that represents the interests of a particular group of workers.

In general, the District Court must make the order. If the decision was to reinstate or re-engage the employee, the District Court may substitute an order to pay compensation. The compensation can be up to 104 weeks’ pay, which is calculated using the rules under the Unfair Dismissals Acts 1977–2015. The District Court may also order interest to be paid.

Failure to comply with a compensation order is an offence, unless the employer can prove financial hardship.

You can read detailed information about making a complaint to the WRC (pdf). You can also contact the WRC’s Information and Customer Service.