WRC: Dealing with adjudication complaints during the period of Covid-19 related restrictions.
The Workplace Relations Commission (“WRC”) recently posted an update in relation to dealing with adjudication complaints during the period of Covid-19 related restrictions. In line with Government and HSE advice, the WRC had postponed all adjudication hearings, face to face conciliations and mediations and cancelled on-site inspections until after Tuesday 5th May 2020, with no hearings taking place since 13th March.
Given that the current restrictions in place may be extended beyond 5th May, the WRC is exploring alternative approaches to parties having their claims processed while being mindful of the considerations for fair procedures. Some of the suggested alternative approaches focus on the possibility of having complaints heard by remote hearings and/or written submissions where possible, in light of the statutory basis, practical and procedural issues and agreement of all parties.
The WRC is currently seeking submissions (up to the 30th April) from directly concerned stakeholders to ensure that any suggested new model has been properly constructed and is one that, as much as possible, meets the needs of the broader WRC client-base.
Labour Court
The Labour Court is also in the process of putting in place virtual hearings and identifying cases appropriate to such an initiative, in order to restore some level of normality to the functioning of the court in these unprecedented times.
The Court has indicated that certain types of cases would be selected as being more amenable to a virtual hearing and it has been emphasised that any such hearings, to begin with, will occur only by consent.
27th April 2020
Anne O’Connell
Solicitors
Fitzwilliam Hall
Fitzwilliam Place
Dublin 2
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