Workplace-Relations - Still the first port of call?

Is the Workplace-Relations people still the first port of call when bringing a claim for unfair dismissal?

I have fired them off several emails but have had no reply and their How to Make a Complaint/Refer a Dispute e-Complaint Form gives me this.

https://www.workplacerelations.ie/en/Complaints_Disputes/Refer_a_Dispute_Make_a_Complaint/

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Someone told me that you have to go through solicitors now, surely that is not the case?


Regards.

brian_t

irishfreeview wrote: »

Is the Workplace-Relations people still the first port of call when bringing a claim for unfair dismissal?

I have fired them off several emails but have had no reply and their How to Make a Complaint/Refer a Dispute e-Complaint Form gives me this.

https://www.workplacerelations.ie/en/Complaints_Disputes/Refer_a_Dispute_Make_a_Complaint/

.

The link works for me so there must be an issue with your PDF viewer.

Can't help you with the rest but the form does say -

When should you use this Form?

This complaint form should be used to make complaints to the Workplace Relations Commission in relation to
alleged contraventions of employment, equality, equal status and certain industrial relations legislation.

When should this Form not be used?

This Form should not be used when:
1) Appealing a decision of a Workplace Relations Commission Adjudication
Officer made under employment, equality and certain industrial relations legislation
( Making an Appeal ),
2) Referring a collective dispute to the Labour Court or the Workplace Relations’s Conciliation
and Mediation Services ,
3) Seeking the enforcement of a decision or determination made under employment, equality
and certain industrial relations legislation (Seeking Enforcement),
4) Making a referral to the Labour Court under Section 20(1) or Section 20(2) of the Industrial
Relations Acts 1969 (Labour Court)

orl

You absolutely do not need to go to a solicitor. If you have been over a year employed by an employer and then dismissed, you may take an unfair dismissal case against that employer. You simply fill out that online form - giving as much detail as possible. Then the employer will be asked for their statement and a hearing scheduled shortly after.

Bear in mind in unfair dismissal cases that you are only entitled to your loss of earnings and you are obliged to mitigate your loss i.e. look for other work

GM228

orl wrote: »

You absolutely do not need to go to a solicitor. If you have been over a year employed by an employer and then dismissed, you may take an unfair dismissal case against that employer. You simply fill out that online form - giving as much detail as possible. Then the employer will be asked for their statement and a hearing scheduled shortly after.

Bear in mind in unfair dismissal cases that you are only entitled to your loss of earnings and you are obliged to mitigate your loss i.e. look for other work

There are exemptions for less than 12 months service, we don't know the OPs circumstances so that's not a certainty.

Also in relation to entitlements, loss of earnings are max 2 years wages (or 5 years in certain circumstances) subject to a limit of actual loss/future loss/pension entitlement loses etc.

Loss of earnings isn't the only possible redress, it's also possible to be re-employed.

orl

GM228 wrote: »

There are exemptions for less than 12 months service, we don't know the OPs circumstances so that's not a certainty.

Also in relation to entitlements, loss of earnings are max 2 years wages (or 5 years in certain circumstances) subject to a limit of actual loss/future loss/pension entitlement loses etc.

Loss of earnings isn't the only possible redress, it's also possible to be re-employed.

Yes, you are correct. here are the exceptions to the 12 month rule

•The employee’s Trade Union membership.
•Any matters connected with pregnancy, giving birth or breast feeding
•Exercising or proposing to exercise a right to protective leave or natal care absences.
•Exercising or proposing to exercise rights to parental leave, force majeure leave or carer’s leave
•Exercising or proposing to exercise rights to adoptive leave or additional adoptive leave.

I have not seen one example of the new Adjudicators in the WRC ordering reinstatement or reengagement. Technically possible but unlikely.