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Do you have any experience in the Workplace Relations Commission?

  • 21-05-2018 12:26pm
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    I'm preparing to submit a complaint to the WRC against my employer. I'm looking for information about anyone's experience at the WRC.

    I have spoken to a few friends who are solicitors / barristers, and an employment law expert for one chat, but haven't formally engaged a solicitor. I don't want to go into my case here, but the people I've spoken to have told me I have a strong case and should go ahead with my complaint.

    So I've had conflicting advice... One person told me to submit the claim and not to bring a solicitor with me, as I'll have to pay my own costs no matter the outcome of the case. Another person told me to definitely bring a solicitor, they said I can hire someone on a "small retainer" (about EUR400-500!!!) and then they'll only charge something on top of this if an award is made in my favour.

    For anyone who has experience with the WRC, how long did it take for your case to come up? Did you bring a solicitor? Did your employer have a solicitor? Could you give me an idea of how much it costs to have someone there to represent you? (I know everyone will charge differently and it'll depend on time taken, but any ballpark figure would be helpful.) How long did the actual case go on for? Is a decision taken on the day?

    I'd be quite nervous representing myself when I'm certain that my employer will bring legal representation with them. I'm not a member of a union, and can't bring any colleague with me for support as it would put them in a very difficult position with their own employment after. So I'm concerned that it's going to be a case of my word against my employer's word (and their legal representatives). I have documented as much of the issue as possible, but even still it'll be me vs. him.

    Thanks for sharing any of your experiences!


Comments

  • #2
    swanie29
    Registered Users, Registered Users 2 Posts: 245 ✭✭swanie29


    what you want to know


  • #3
    dennyk
    Registered Users, Registered Users 2 Posts: 1,784 ✭✭✭dennyk


    You don't need a solicitor for a WRC complaint, even if it goes to adjudication; it's not a court and doesn't follow the formal procedures that you'd require a solicitor for. The adjudication officers will be quite used to working with complainants who aren't familiar with formal court proceedings and should ensure that you have a fair opportunity to present your side of things (and that your employer has the same); you aren't going to have your complaint dismissed on some obscure procedural technicality that you didn't know about. Just follow the instructions the WRC provides regarding filing your complaint and submitting evidence and such, and make sure you get things done well before the deadlines given to you, and you'll be fine.

    Do note that even if you don't want them along for "moral support," you may still need to bring in some of those co-workers to your hearing as witnesses if their testimony is required to make your case, though; that would be the case whether you have a solicitor assisting you or not.

    It's also possible that there may be no hearing at all, depending on the nature and facts of your complaint; the WRC may well suggest mediation first.


  • #4
    Misguided1
    Closed Accounts Posts: 215 ✭✭Misguided1


    Without knowing any of the details it is difficult to offer advice. Have you exhausted internal procedures before going to the WRC to make a complaint? If not, the company could use this in their defense. You should consider what outcome you want by going to the WRC. Have you resigned? Are you hoping to return to your job after the case? Are you looking for a settlement? If you are open to a financial settlement (which a lot of of people are and companies can also be interested in resolving without spending hours at a WRC hearing, then have someone who can negotiate on your behalf is useful.


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