Page 60 - Workplace Relations Guide to Employment Law

Complaints The Unfair Dismissals Acts provide for
a right of complaint to the WRC where
The Minimum Notice and Terms of Employment employees consider that they have been
Acts 1973 to 2005 provide a right of complaint unfairly dismissed. Employees who consider
to the Workplace Relations Commission they have been unfairly dismissed but who
(WRC) where an employee believes that a do not qualify under the Unfair Dismissals
contravention of the Acts has occurred. Acts for certain reasons (e.g. have less than a
year’s continuous service) may, in most cases,
The Redundancy Payments Acts 1967-2014 refer the matter to the Workplace Relations
provide a right of complaint to the Workplace Commission for adjudication under the
Relations Commission (WRC) where an Industrial Relations Act 1969. Referrals may
employee believes that he/she has not also be made to the Commission in the case
received his/her entitlements under those Acts. of dismissals connected with any of the nine
discriminatory grounds prescribed by the
Section 11A of the Protection of Employment Employment Equality Acts, 1998-2015.
Act 1977 provides for a right of complaint
to the WRC where employers allegedly The relevant complaint form is available on
contravene their obligations to consult with, www.workplacerelations.ie or by contacting
and give information to, employees in a the Commission’s Information and Customer
collective redundancy situation. Services on 1890 80 80 90. There is a right
of appeal by either party to the Labour Court
Section 9 of the Protection of Employment Act from a decision of a WRC Adjudication Officer.
1977 provides that an employer must initiate
consultations with employees’ representatives
where he/she proposed to create collective Additional Information
redundancies. Where a WRC inspector has
reasonable grounds for believing that the See the Explanatory Leaflets on the
offence of failing to so consult has occurred, Minimum Notice and Terms of Employment
he/she may serve a Fixed Payment Notice on Acts, the Protection of Employment Act 1977,
that employer in accordance with Section 36 Guide to the Redundancy Payments Scheme,
of the Workplace Relations Act 2015. If the the Insolvency Payments Scheme and the
employer pays the charge specified on the Unfair Dismissal Acts, copies of which are
Notice the matter does not proceed to Court. available on request, or downloadable
However, if the person fails or refuses to pay from www.workplacerelations.ie. Detailed
the charge the matter can be progressed to Redundancy Payment and Insolvency
the District Court where the defendant can Payment Scheme Procedures are available
defend their position in the normal way. from the Department of Employment Affairs
and Social Protection at www.welfare.ie.
The Protection of Employees (Employers’
Insolvency) Acts 1984 to 2012 provide
that disputes regarding decisions of the
Department of Employment Affairs and
Social Protection on applications for
payment in respect of arrears of pay, sick
pay, holiday pay and in relation to pension
scheme contributions may be referred to the
WRC for adjudication.

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