Workplace Dispute Resolution In Ireland – Is It Time For Change?

The Supreme Court has ruled that the Workplace Relations Act 2015 can be challenged on its constitutionality before the High Court.

Once an employee and an employer have passed the point where a dispute can be resolved between themselves, the next port of call is usually the Workplace Relations Commission ("WRC"). With no fees to raise a claim, a limited pleading / submissions process, no arduous disclosure of documents process, no requirement to prepare witness statements, and a private and fairly informal hearing environment, employees can obtain a decision on their workplace disputes cheaply and relatively quickly. According to the Workplace Relations Commission Annual Report 2017, 92% of cases received were processed in less than 6 months.

Employers also benefit from this approach to the process as costs in defending employee claims do not spiral, and early or unjustified settlements are not required to protect the company's reputation from potentially damaging allegations.

But are we sacrificing fair procedures and constitutional rights in the name of speed, cost savings and expediency? The Supreme Court has ruled in Tomasz Zalewski v Adjudication Officer, WRC & Ors [2019] IESC 17 that the Workplace Relations Act 2015 (the "2015 Act") can be challenged on its constitutionality before the High Court.

Why did Mr Zalewski raise a constitutional challenge to the 2015 Act?

Mr Zalewski raised unfair dismissal and non-payment of notice claims at the WRC. Mr Zalewski attended a WRC hearing on 26 October 2016, during which the Adjudication Officer accepted written submissions and documentation. An application was then made to adjourn the hearing as a witness for the employer was not available. The adjournment was granted but the new hearing date, as is usual in the WRC, was not scheduled at that point.

A hearing was subsequently fixed for 13 December 2016 but when Mr Zalewski attended the hearing, rather than being given the opportunity to cross examine employer, witnesses he was informed that the Adjudication Officer had already issued her decision and that the hearing had been scheduled in error. The written decision of the Adjudication Officer stated she had given the parties an opportunity to present evidence at the hearing on 26 October 2016 and, on the basis of the evidence provided, the complaint of unfair dismissal was not well founded.

Mr Zalewski lodged an appeal against the Adjudication Officer's decision with the Labour Court and...