New Procedures
The Workplace Relations Commission has published an Information Note which provides some helpful information – Information for Practitioners / Representatives – to assist with the referral of complaints or disputes to the Commission.
Amongst the information is:
• Online is the preferred method of referral of Complaints.
• Approximately 84% of all complaints referred to date have been submitted online.
• Where a complaint has been submitted online, it is not necessary to submit a hard copy or an electronic copy by e-mail.
• Where there is more than one respondent, a separate Complaint application should be referred for each Respondent employer. This will enable the allocation of a unique reference number for each Respondent.
• When submitting written statements, practitioners should ensure that all relevant procedures for the submission of written statements and supporting documentation have been complied with.
• Where possible, the statement should be short and concise and contain:
a) A summary of the factual background to the complaint.
b) A summary of the evidence to be adduced by, or on behalf of the parties.
c) A summary of any legal arguments that may be relied upon in the course of the hearing, appending case law where appropriate.
d) Where relevant, the number and details/names of witnesses that it is proposed to call at the hearing.
Separate Complaint against each Respondent
Contracts and Disputes
While not emphasised by the WRC in their Guide, it is important that, when submitting a Complaint against 2 Respondents, the WRC is requested in writing to link the 2 Claims, so that you can ensure that the 2 Claims are listed for Hearing on the same date. An example of where there may be 2 Respondents could arise in an Employer / Employment Agency situation or where an employee is working for a Sub-Contractor but under the direct instruction of his employer`s client.
For more information on the Workplace Relations Commission, see my Article : The Workplace Relations Act – a 2016 Revolution.