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WRC hearing

  • 17-01-2021 9:31pm
    #1
    Dublin Lad2021
    Registered Users Posts: 79 ✭✭


    I recently had a very bad experience with the WRC. As someone that's worked as a HR manager and as an employment consultant I had an experience recently I really wasn't expecting. Without giving details of the case there is very clear case law and precedent that wasn't applied to my case and I'm gobsmacked as to why, very little details in the outcome notes and the adjudicating officer had not applied legal principles to my case which is very confusing. I've definitely seen similar cases where the claimant won

    It feels like the adjudicating officer was to lazy/busy to do his job properly and just scribbled down any crap without any thought whatsoever

    Has anyone else had a bad experience with the WRC? I'm 1000% going to the Labour court but I'm just wondering if the WRC is almost just a filter to keep people out of the labour court?


Comments

  • #2
    TrixIrl
    Registered Users Posts: 200 ✭✭TrixIrl


    The WRC is absolutely a filter as the LC is the court of last resort.

    The WRC as such is meant to be inquisitorial rather than adversarial and often they take a more informal look at the holistic circumstances rather than applying stringent employment law, case law etc (not saying it's right or wrong just my experience of it)

    The Labour Court is much more formal and with 3 on the panel including a minimum of one from the staff side it's a much tougher arena, particularly for the management side I feel.

    I would say take a step back and see what you really want from the process though as between waiting on a date and then a decision it can take up to another year of your life and sometimes life is too short!


  • #3
    Dublin Lad2021
    Registered Users Posts: 79 ✭✭Dublin Lad2021


    TrixIrl wrote: »
    The WRC is absolutely a filter as the LC is the court of last resort.

    The WRC as such is meant to be inquisitorial rather than adversarial and often they take a more informal look at the holistic circumstances rather than applying stringent employment law, case law etc (not saying it's right or wrong just my experience of it)

    The Labour Court is much more formal and with 3 on the panel including a minimum of one from the staff side it's a much tougher arena, particularly for the management side I feel.

    I would say take a step back and see what you really want from the process though as between waiting on a date and then a decision it can take up to another year of your life and sometimes life is too short!

    Thank you absolutely, every time I've been involved with the WRC as the employer/consultant we have settled so I've never actually received an outcome from the WRC but was really taken by surprise.

    I'll take your advice I definitely feel from the financial aspect it would definitely be worth going to the Labour court if nothing else I imagine the other side might give me a decent settlement. I'm not obsessing over the case like a jealous ex girlfriend lol but I'm happy to move this case along while doing other things with my life. Thank you for your feedback and I appreciate your response


  • #4
    Vologda69
    Registered Users Posts: 914 ✭✭✭Vologda69


    Dublin Lad2021 wrote: »
    Thank you absolutely, every time I've been involved with the WRC as the employer/consultant we have settled so I've never actually received an outcome from the WRC but was really taken by surprise.

    I'll take your advice I definitely feel from the financial aspect it would definitely be worth going to the Labour court if nothing else I imagine the other side might give me a decent settlement. I'm not obsessing over the case like a jealous ex girlfriend lol but I'm happy to move this case along while doing other things with my life. Thank you for your feedback and I appreciate your response

    I felt I got a raw deal too. Got charged €1700 by solicitor who didnt argue my case well and tried to get me to take a settlement of €5000. I told him no thanks. The union subsequently went yo the Labour court and we won on appeal, with an award of €25000.


  • #5
    California Dreamer
    Registered Users Posts: 2,492 ✭✭✭California Dreamer


    I believe it's taking 12 months to get seen by the WRC.


  • #6
    TrixIrl
    Registered Users Posts: 200 ✭✭TrixIrl


    California Dreamer wrote: »
    I believe it's taking 12 months to get seen by the WRC.

    Any time from 6-12 months. The case today re remote working was only lodged in May and heard in Oct. But decision not out til now.

    I have referrals from before covid that haven't been heard and ones that have come in over the summer that are done and dusted.

    Very hard to tell- they seem to be taking the more straightforward ones for remote hearing.


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