Appeals to the Labour Court-What You Should Know

Appeals to the Labour Court-What You Should Know

in this video I want to take a look at
appeals to the labor court and what are the essential things you should know
when can you appeal and how is it conducted whore where are the rules and
so on so let’s take a look fortunately there are two types of
appeal to the labor court one needs an appeal of a decision of an adjudication
officer in the workplace relations commission so that would be a force
instance complaint about unfair dismissal or organization of Rach
interact or whatever discrimination and you may or may not be happy or the other
party may or may not be happy with the decision of the adjudicating officer
then that decision can be appealed to the labor court there’s another type of
appeal that can go through their record and that is the appeal of by an employer
of a compliance notice received from an inspector
that’s an inspector from Mirror or the workplace Relations Commission just
perhaps in relation to minimum wage payments or working time records or
records that the employer should keep whatever they are the two types of
appeals to the labor court division of the labor court each case is death with
by what’s called a division of the labor court on a division comprises the
chairman and employer member an employee member the time limit from bringing an
appeal from the decision of an adjudication officer is 42 days from the
date of the decision so if you want to bring an appeal make sure you check the
date on the decision from the workplace relations commission time can be
extended but only in exceptional circumstances the procedures done in the
labor court will later court business on like WRC business is conducted in public
and the normal rules are set out in four parts as follows the procedure for
appeals of adjudication officer in relation to employment equality and
unfair dismissal cases the procedure for appeals of compliance notices served on
employers the procedure for appeals in respect of other employment enactments
and then the procedure to be followed at the hearing itself the
labor court rules they can be found on the workplace relations commission
website or simply do a simple google search of labor court rules or indeed
visit my website at private rights and calm and there’s an article there or a
post there about appealing to the labor court and it actually has a link in the
article about the rules to be applied so if you just go to my website and private
rights Ireland calm do a simple search for labor court and you should find the
article so appeal is then in relation to unfair dismissal and employment equality
these would be probably the most common appeals the appeal is commenced by using
a standard form and a copy of the adjudication officer decision three
weeks later Daniel must submit your written a submission which is then sent
to the respondent and the respondent then has three weeks to file or applying
submission as I say the time of forty two days within which you must bring
your appeal can only be extended in exceptional circumstances both parties
are required to send in a pre-hearing witness statements at least seven days
in advance of the hearing these statements should stay at the name of
the witness a summary of the witnesses evidence and copy documents which would
be replied relied upon are the hearing it’s important to understand that the
appeal heard by the labor court is a de novo appeal that means that the labor
court hears the case from scratch and makes its own decision completely on
influenced by the original decision of the WRC adjudication officer so all both
parties start from scratch and the original decision has no influence on
the labor court seven days in advance of the hearing then you need to send in
written submission six copies of saying so the parties are expected to set out
the facts which are agreed on an issue the legal basis for the submission the
remedy sought in the case of the complainant and a transcript of the
decisions or judgments relied upon so if you are relying upon a particular case
for example or a particular piece of legislation as Authority for some
property putting forward on which you rely upon
well then you need to have a copy of that already in essence the parties are
to set out their a case in foal and not focus on the original decision of the
WRC adjudication officer the conduct of the hearing them it commences with the
party bearing the burden of proof reading his submission the respondent
then reads his submission and the parties are invited to comment on the
others submission each party then examines and cross-examines each side’s
witnesses are the court may have questions for the witnesses parties can
represent themselves are engaged the services of a solicitor or a barrister
hate your representative or whoever you choose now I’m going to give you a big
fattie slammer in relation to what I’ve just said the conduct of the hearing is
as a seller on screen there as parallel rules however the chairman of the
division sitting in the appeal has enormous discretion as to how the thing
is conducted and quite frankly it may well happen that you will not get a
chance to examine your own witness or cross-examine the other witnesses and
essentially is to say the Chairman will very much run the show and determine how
the thing is to be conducted the Chairman is likely to ask questions and
all members of the division are likely to ask questions of some or all of the
people in attendance that would be the legal representatives and indeed
witnesses if necessary but I have seen situations and indeed have heard
complaints from people who have brought appeals to the labor court and who felt
that it didn’t get a fair shake or word and ask questions or they didn’t get to
make their case but as I say there was a huge amount of discretion with the
Labour Court chairman as to how a particular hearing is conducted and
that’s the situation as I say you can check out the rules that I referred to
earlier in this video and you can see exactly how the thing may happen
theoretically but the reality may be different but the discretion is with the
labor court chairman and itself in law appeal is then from a determination of
the labor court can go to the High Court but on a point of law only not on a
point to do with the facts or the evidence or anything of that nature to
do with a point of law or some mistake perhaps that the labor court may have
fallen into in hearing the appeal my name is Terry Gauri that’s me there on
the screen and my contact details I hope you find this video useful you might
give us the thumbs up down below if you do when you may be interested in
subscribing to my youtube channel


One thought on “Appeals to the Labour Court-What You Should Know”

  • General Melchett says:

    Hi terry thanks for your videos very informative I’ve been thinking for a while now that I would like a position or career in a legal field I already have a degree in IT but I have no legal experience but I don’t know where to get started any advice?

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