Expert Legal Support for Workplace Relations Commission Complaints
If you need expert legal advice on filing a Workplace Relations Commission (WRC) complaint, Employment Law Solicitor is here to assist you. Our experienced employment law team advises both employers and employees on all aspects of WRC complaints. We have a proven track record of achieving successful outcomes through both formal and informal resolution processes.
Speak with one of our Dublin-based specialist employment solicitors to discuss how we can best support you in your WRC complaint.
Enforcing Employment Rights
The Workplace Relations Act 2015 established the Workplace Relations Commission (WRC), replacing the Labour Relations Commission, Rights Commissioner Service, Equality Tribunal, and National Employment Rights Authority. If you are involved in a workplace dispute, an employment solicitor can guide you on the appropriate claims applicable to your situation.
WRC Adjudication
Adjudication Officers investigate complaints and disputes, ensuring both parties have an opportunity to present their case and submit relevant evidence. They then issue a decision based on the applicable redress provisions.
Time Limit for Filing a Complaint
In general, complaints must be submitted to the Director General of the WRC within six months from the date of the alleged breach. Exceptions apply only in extraordinary circumstances.
Requesting an Extension for a Late Complaint
To obtain an extension, the employee must demonstrate reasonable cause for the delay—meaning there must be a valid, logical, and justifiable reason for not filing the complaint within the required timeframe. If the timing of the complaint is disputed, consulting an employment solicitor is strongly recommended.
Frivolous, Vexatious, or Misconceived Claims
Under Section 22 of the Workplace Relations Act, the Director of the WRC may dismiss a claim at any stage if it is deemed frivolous, vexatious, misconceived, or related to a trivial matter. This applies when an employee has no reasonable chance of success, making it legally unjustifiable to proceed with the case.
Exhausting Internal Procedures
Before escalating a complaint to the WRC, the employee must first notify the employer of the issue and allow them an opportunity to resolve it internally. In Conway v Ulster Bank, the WRC ruled that the employee had not acted reasonably by resigning without first fully engaging with the company’s grievance procedure.
Appealing a WRC Decision
If either the employer or employee is dissatisfied with the Adjudication Officer’s decision, they have 42 days from the adjudication date to appeal to the Labour Court. The Labour Court hears the case de novo, meaning it re-examines all evidence from the beginning.
Enforcing a WRC Decision
If either party fails to comply with a WRC or Labour Court ruling, the affected party may apply to the District Court for an order compelling compliance.