Page 15 - Workplace Relations Guide to Employment Law

be accompanied and represented at hearings of the WRC to offer mediation will depend on
by a trade union official, an official of a body a number of factors including the availability
that, in the opinion of the Adjudication of resources. Complaints/disputes may only
Officer, represents the interests of employers, be referred for mediation with the agreement
a practicing barrister or practicing solicitor or of both parties to the complaint/dispute.
any other person, if the Adjudication Officer
so permits. Mediation seeks to arrive at a solution
through an agreement between the parties,
The Adjudication Officer will then decide rather than through an investigation or
the matter and give a written decision in hearing or formal decision. The Mediation
relation to the complaint. The decision, Officer empowers the parties to negotiate
which will be communicated to both parties their own agreement on a clear and informed
and published, will basis, should each party wish to do so. The
process is voluntary and either party may
(a) declare whether the complainant’s terminate it at any stage.
complaint was or was not well founded,
Mediation can take the form of telephone
(b) require the employer to comply with conferences with the parties, face-to-face
the relevant provision(s),
mediation conferences/meetings or such
(c) require the employer to make such other means as the Mediation Officer
redress as is just and equitable in the considers appropriate.
circumstances.
All communications by a Mediation Officer
with the parties and all records and notes
A party to a complaint may appeal to held for the purposes of resolving any matter
the Labour Court from a decision of an are confidential and cannot be disclosed in
Adjudication Officer. any subsequent hearing or investigation
process or in proceedings before a court
The redress that may be granted by an (other than proceedings in respect of a
Adjudication Officer in the case of the contravention of the terms of a resolution
different areas of employment and equality agreed during the mediation conference).
legislation is set out an Appendix I.
Where a complaint/dispute is resolved,
whether by mediation or otherwise, the
Mediation Services (Employment Mediation Officer will record in writing the
Rights Issues) terms of the resolution, the parties will be
asked to sign that record and the record of
resolution will be given to the Director General
In line with Section 39 of the Workplace of the Workplace Relations Commission. A
Relations Act 2015, the Workplace Relations copy will also be given to each party.
Commission (WRC) may be in a position to
offer a mediation service in certain cases The terms of a resolution are binding on the
to facilitate the resolution of complaints/ parties and if either party contravenes these
disputes where possible at an early stage and terms, the contravention will be actionable in
without recourse to adjudication. The ability any court of competent jurisdiction.

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