Rights Commissioners' Hearing
Rights Commissioners investigate disputes, grievances and claims that employees or small groups of employees refer under the following legislation:
Acts:
1. Adoptive Leave Acts, 1995-2005
2. Carers Leave Act, 2001
3. Competition Acts, 2002-2006
4. Employees (Information & Consultation) Act, 2006
5. Employment Permits Act, 2006
6. Industrial Relations Acts, 1969-1990
7. Industrial Relations (Miscellaneous Provisions) Act, 2004
8. Maternity Protection Acts, 1994-2004
9. National Minimum Wage Act, 2000
10. Organisation of Working Time Act, 1997
11. Parental Leave Act, 1998
12. Payment of Wages Act, 1991
13. Protection of Employees (Fixed-Term Work) Act, 2003
14. Protection of Employees (Part – Time Work) Act, 2001
15. Protection of Young Persons (Employment) Act, 1996
16. Protections for Persons Reporting Child Abuse Act, 1998
17. Safety, Health and Welfare at Work Act, 2005
18. Terms of Employment (Information) Act, 1994
19. Unfair Dismissals Acts, 1977-2005
Statutory Instruments:
1. European Communities (Protection of Employment) Regulations, 2000
2. European Communities (Safeguarding of Employees Rights on Transfer of Undertakings) Regulations, 2003
3. European Communities (European PLC) (Employee Involvement) Regulations, 2006
Public or private?
Hearings before a Rights Commissioner take place in private - except where the dispute has been referred under the Payment of Wages Act, 1991. Hearings under that Act are generally held in public.
What happens at the Right's Commissioner's hearing?
The hearings are formal but not adversarial.
The parties and the Rights Commissioner will be in one room, the Rights Commissioner at the top of the table and the two parties at either side of the table.
Each side is given the chance to fully present their case.
Written submissions are very helpful to the participants and the Rights Commissioners in order to focus on the relevant points.
In some cases, it is possible to settle disputes between the parties on the day of a hearing, with the assistance of the Rights Commissioner.
It is entirely a matter for the Rights Commissioner to decide how to conduct a hearing.
Rights Commissioners do not allow mobile phones, tape recorders, cameras or other recording equipment to be used at their hearings.
What should the employer bring to the hearing?
The Rights Commissioner’s function is to issue decisions or recommendations based on the facts and evidence presented at a hearing.
For this reason you must ensure that relevant information (such as witnesses, payslips, correspondence, etc.), is available for the hearing.
A copy of any written submissions must be given to the Rights Commissioner and claimant.
Should the employer be represented at the hearing?
It is up to the the employer to decide if they wish to be represented at a Rights Commissioner’s hearing. or to represent themselves.
A trade union, employer organisation, HR/IR adviser or solicitor or anyone else may act as the representative.
In our experience it helps to bring along a work colleague or anothere party to the hearing.
Labour Court Hearing - Need to Prepare and Present a Defence to the Rights Commissioner?
Our team of Employment Law specialists help clients everyday to prepare and present cases and defend employers in the Rights Commissioners and Labour Court hearings.
Cases we have successfully handled on behalf of client companies include defenses against:
Unfair dismissal
Unfair selection for redundancy
Constructive Dismissal
Breach of contract of employment
Failure to pay sick pay
Breach of the payment of wages legislation
Breach of Fixed-term worker legislation
Breach of Part-time worker legislation
Breach of the Industrial Relations Acts
Is a Rights Commissioners decision binding?
Rights Commissioners issue the findings of their investigations in the form of either decisions or non-binding recommendations, depending on the legislation under which a case is referred.
Rights Commissioner Hearing - Next Steps
Contact us for more information or to arrange a FREE consultation to discuss your requirements, or alternatively email us or call us on +353 1 8666426.
