What powers does the WRC lack?

Rescue Blues

I remember winning a case against a previous company where I'd to get the WRC involved to make them pay €150 due to collective errors in my pay slips. What I didn't raise in my complaint was the fact that I'd been inconvenienced in having to unsuccessfully try to resolve the issue with the company first, followed by having to take the time to accurately and coherently make the complaint, and then 9 months later having to revise the case and travel to a hearing unrepresented.

The adjudicator of course ruled to have my wages be paid! But thinking back, I was under the impression that the WRC didn't have the power to enforce remuneration for such other matters, and that I'd be laughed at for suggesting it. But in an ideal World, given that they'd been proved wrong, then they should have to re-pay for other costs as deemed reasonable by the adjudicator.

It also got me thinking about a friend of mine who works for a company that withheld his pay without giving a reason in writing, and then only paid it 2 months later upon an email request. So on the one hand that matter is resolved now as it's been paid, but he's wondering if he could still get the WRC involved as he's proof that they withheld it in violation with the 1991 Wages Act.

Avatar in the Post

https://www.boards.ie/discussion/2058365692/what-powers-does-the-wrc-lack

The WRC isn’t normally for such a small matter (materially). Costs for attendance aren’t covered. It might be seen as a hindrance to those that lose the case… such as individuals.

Avatar in the Post

re Your friend, what could they possibly gain? As you say it’s an inconvenience.

Rescue Blues

https://www.boards.ie/discussion/comment/122533652#Comment_122533652

But what about cases where the employee wins a case employer that didn't involve financial losses on the employee's part? I know there's many ways that the WRC can use their power to resolve this in favour of the victim, but do they have the power to force the employer to compensate the employee financially? Can you sue through the WRC?

I also remember in my own case, the WRC ordered my ex company to pay me the money within 44 days. They waited 47 days before paying! Could the WRC have inflicted a consequence on them for this?

Dial Hard

https://www.boards.ie/discussion/comment/122546777#Comment_122546777

They can't even enforce the awards they currently make. Plenty of companies never pay out what they've been directed to, and if you want to try and force them, you've to go to the District Court.

Rescue Blues

https://www.boards.ie/discussion/comment/122546808#Comment_122546808

That's what I thought I heard. I wonder what percentage of companies do decide to pay out, and what's even the incentive at that. There's this other thing called EAT as well, which I must learn more about.

Ted222

https://www.boards.ie/discussion/comment/122552327#Comment_122552327

The EAT is one of a number of bodies that was replaced by the WRC about 10 years ago so it no longer exists.

Awards made by the WRC are legally enforceable through the district court unless they were made under the Industrial Relations Act in which case they have the status of Recommendation. As such, any recommended payment is purely discretionary.

The amount of awards made by the WRC depend on the particular piece of legislation under which the claim is made. Some pieces of legislation have very rigid parameters on levels of award payable while others (e.g. equality cases) allow much more discretion on the part of the adjudicator.