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Blog  »  February 2017  »  Constitutionality of WRC questioned - Blog
Feb 17

Posted by
Lorraine McEvoy

Constitutionality of WRC questioned

Leave has been granted to challenge the constitutionality of the Workplace Relations Commission procedures to determine employment rights disputes.

The actions could have important consequences for the WRC, which was established in 2015. It replaced the previous Employment Appeals Tribunal system of adjudicating claims for unfair dismissals and wages payment disputes.

The current case before the High Court was taken by solicitors on behalf of Tomasz Zalewski, who claims he was unfairly dismissed last December by Buywise Discount Store Ltd., where he was employed as a Store Supervisor and Security Guard.

Mr. Zalewski feels he was not afforded fair procedure and constitutional justice when the adjudication officer upheld the dismissal. Mr Justice Noonan granted Mr Zalewski leave to judicially review the officer’s decision and restrained the WRC from progressing Mr Zalewski’s appeal to the Labour Court until there is further order from the court.

The court was informed that the hearing was extremely brief, lasting around 10 minutes, with the adjudication officer accepting written submissions from both sides, but Mr Zalewski was given no opportunity to cross-examine.

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