Page 16 - Workplace Relations Guide to Employment Law

The terms of a resolution may not be to Court. However, if the person fails or
disclosed by a Mediation Officer or by either refuses to pay the charge the matter can be
party in any proceedings before a court progressed to the District Court where the
(other than proceedings in respect of the defendant can defend their position in the
contravention of the terms of the resolution). normal way.
Where a complaint/dispute is not resolved, WRC inspectors are also appointed by the
the Mediation Officer will notify the parties Minister for Business, Enterprise and Innovation
to the complaint or dispute and the Director as authorised officers for the purposes of the
General of the WRC in writing of that fact. The Employment Permit Acts 2003 to 2014.
Director General will then refer the complaint
or dispute concerned for adjudication by an
Adjudication Officer. Mediation (Internal Workplace
Issues)
Inspection and Enforcement Mediation is a voluntary, confidential
Services process that allows two or more disputing
parties to resolve their conflict in a mutually
Inspectors of the Workplace Relations agreeable way with the help of a neutral
Commission are authorised to carry out third party, a mediator.
inspections, examinations or investigations
for the purposes of monitoring and enforcing The Workplace Mediation Service, which
compliance with employment legislation. The is provided by officers of the Workplace
identity of the complainant will not be divulged Relations Commission’s (WRC) Conciliation
to the employer unless the complainant has and Advisory Services, provides a prompt,
given his/her consent to do so.
confidential and effective remedy
Where an Inspector determines that to workplace conflicts, disputes and
a contravention of specified areas of disagreements. Workplace mediation is
employment law (including the non-payment particularly suited to disputes involving
of certain monies due to an employee under individuals or small groups of workers.
employment law) has taken place, and the Examples of such disputes would be:
employer concerned fails or refuses to rectify
the non-compliance the Inspector may issue 4 Interpersonal differences, conflicts,
a Compliance Notice setting out the steps difficulties in working together
the employer must take to effect compliance.
If the employer does not appeal and fails or 4 Breakdown in a working relationship
refuses to rectify or set out in writing how 4 Issues arising from a grievance and
he or she proposes to rectify the matters set disciplinary procedure (particularly
out in the notice, the Workplace Relations before a matter becomes a disciplinary
Commission may initiate prosecution issue)
proceedings against the employer.
4 Industrial Relations issues which have
In respect of a specified range of acts of not been the subject of a referral to
non-compliance on the part of employers, a WRC Adjudication Officer (trade
an Inspector will serve a fixed charge notice. dispute), the WRC’s Conciliation Service
If the person on whom the notice is served or the Labour Court.
pays the charge the matter does not proceed

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