In May 2024, the Workplace Relations Commission (WRC) published its annual report. Our team at Setanta Solicitors has analysed this comprehensive document to offer readers a concise overview of the WRC’s performance in 2023.
As employees, employers, and legal practitioners, understanding the operations of the WRC is essential. It allows us to find out about available services, evaluate their effectiveness, and determine whether the WRC is fulfilling its pivotal role in upholding labour rights and facilitating workplace dispute resolution in Ireland.
The Workplace Relations Commission hears employee and employer disputes.
They provide both mediation and arbitration services. Mediation is voluntary and you do not need accept the outcome if there is no agreement. Arbitration is binding.
How much does it cost to run the WRC?
The Workplace Relations Commission (WRC) is funded by the Department of Enterprise, Trade and Employment. In the 2023 budget, the WRC was allocated €16,833,000.Some Key Advances in 2023
In 2023, the Workplace Relations Commission (WRC) saw some significant advancements, which will change the way the commission is run for the future.
- The WRC resumed face-to-face engagements, including mediations and adjudications, while continuing to offer virtual options.
- The WRC launched a digital initiative to streamline complaint submissions with a new eComplaint Form, set to debut in 2024. This form aims to simplify the process across all digital platforms.
- The WRC introduced a Code of Practice on the Right to Request Flexible and Remote Working under the Work Life Balance Act, 2023, providing guidance for both employees and employers.
Most common WRC claims and awards
6,172 Complaint Forms were received by the WRC in 2023.
Each form by default is for Arbitration with the complainants allowed to elect for mediation.
1,926 or 31% requested Mediation.
The top ten most common claims were;
| 1. | Payment of Wages | (17%) |
| 2. | Hours of work disputes | (16%) |
| 3. | S8 Unfair Dismissal | (14%) |
| 4. | Equality Dismissal/ Discrimination | (12%) |
| 5. | No Contract of Employment | (11%) |
| 6. | S13 Wrongful Dismissal | (10%) |
| 7. | Minimum Notice | (6%) |
| 8. | Redundancy payments | (5%) |
| 9. | Equal Status Act | (4%) |
| 10. | Investigation request | (4%) |
Burden of proof
Employment law sets down who must prove their case.
One party usually starts with a presumption that they are correct in law. The other side then bears the burden of overturning that presumption.
Tax
Employment Legislation is usually to pay back money an employee ought to have been paid. That is restorative. Restorative awards are usually taxed as salary received.
Other claims are punitive awards. Where the WRC marks the breach in law by awarding a punitive award. Those are usually tax free.
Timelines for Disputes & The Burden of Proof
We have below set out a table detail with common complaints, the time limit to bring the complaint and who bears the burden of proof.| ACT | Complaint types | Maximum Award | Statute of Limitations | Tax treatment | Burden of Proof |
| Organisation of Working Time Act 1977, | Hours of work | Two Years Salary | 6 months | Taxed as income | Employer |
| Unfair Dismissals Act 1977 | Unfair Dismissal / Constructive Dismissal | Two Years Salary | 6 months | Taxed as income | Employer |
| Industrial Relations Act 1969 | Industrial Relations Issues | Two Years Salary (s.45A) | 6 months (s.45A) | Taxed as income | Employer |
| Employment Equality Act 1998 | Discrimination / Equality / Harassment | Two Years Salary | 6 months | Tax Exempt | Employee |
| Minimum Notice & Terms of Employment Act 1973 | Notice period | Dependant on length of service | 6 months | Taxed as income | Employee |
| Terms of Employment (Information) Act 1994 | Failure to provide written Terms & Conditions of Employment | 4 weeks salary | 6 months | Tax Exempt | Employer |
| Payment of Wages Act 1991 | Pay disputes | Dependant on deduction | 6 months | Taxed as income | Employer |
| Redundancy Payments Act 1967 | Redundancy/ Insolvency, | Two Weeks per year of Service plus one additional week | 6 months | Tax Exempt | Employer |
| National Minimum Wages Act 2000 | Protection of Young Persons at Work, | Arrears and Expenses | 6 months | Taxed as income | Employee |
| Protected Disclosure (Amendment) Act 2022 | Disclosure/ Whistle-blower | 5 years salary | 6 months | Tax Exempt | Employer |
Observations
Penalisation under the Protected Disclosures Act did not appear on the top ten claims despite potentially attracting the maximum possible award. These claims are new and are expected to rise exponentially.
It ought to be noted that we do not have access to the data of the WRC claims and S8 Dismissal arising from a protected disclosure may be included in the data for Unfair Dismissals.
From a practitioner perspective the WRC Guidance is exceptionally useful and illustrative of wider industrial trends.
In its annual report the WRC’s functions are split into 3 distinct departments each of which are evaluated separately. These departments are;
- Information
- Inspection and enforcement
- Conciliation, Advisory and Mediation services (CAMS)
- Corporate, Strategy, and Digital Services Division
We will delve into each below.
1. Information, Inspection, and Enforcement
Information and Customer Service Unit (ICS) Responsibilities
The ICS unit plays a pivotal role in offering impartial information across various employment-related areas. It provides guidance on:- Employer Obligations: Ensuring that employers comply with employment laws and regulations.
- Employee Rights: Informing employees about their entitlements.
- Employment Equality: Addressing issues related to discrimination in the workplace.
- Equal Status Obligations: Guiding service providers on their equal status obligations.
- Industrial Relations: Facilitating good practices in industrial relations.
- Employment Permits: Managing processes related to employment permits for non-EU nationals.
Processes Handled
The ICS unit manages applications and licensing processes including:
- Complaint Applications for Adjudication/Mediation: Processing complaints that lead to either adjudication or mediation.
- Employment Agency Licences and Renewals: Issuing and renewing licences for employment agencies.
- Child Employment Licences: Authorising child employment in artistic fields under the Protection of Young Persons Acts.
Information Provision Channels
The WRC uses multiple channels to provide information and status updates:
- Infoline: A helpline for direct inquiries.
- Website: A digital platform for comprehensive information and updates on employment issues.
The Information, Inspection, and Enforcement 2023 Activity Highlights[1]
- Infoline Calls: Increased by 3% to 61,800.
- Website Pageviews: Surged by over 12% to 4,600,000.
- Employment Agency Licences: Grew by 10% to 1,028.
- Child Employment Licences: Declined by 12% to 632.
- Outreach Activities: Rose from 34 in 2022 to 44 in 2023.
- Complaint Applications Processed: decrease by 1% to 6,100.
Infoline Topic Trends
The main topics of inquiries were:
- Employment Permits: 31%
- Complaint Enquiries: 19%
- Payment of Wages, Working Hours, Terms of Employment, Unfair Dismissal: 6%, 6%, 5%, 5% respectively.
- Redundancy: 4%
- Other Specific Complaints: 3% each for bullying and sick leave.
- Equality and Discrimination: 2%
- Other Topics: 13%
Caller Demographics
- Employees: 79.18%
- Employers: 15.51%
- Employee Representative Bodies: 2.20%
- Employer Representative Bodies: 1.15%
- Others: 1.95%
Licensing Activities
Employment Agency Licensing
In 2023, 1,028 licences were issued, marking a 10% increase from the previous year.
Child Employment Licensing
A total of 632 licences were issued, authorising the employment of 1,496 children.
[1] In comparison to 20222. Inspection and Enforcement Services
The WRC Inspection Service ensures compliance with employment legislation through workplace inspections, addressing violations, and enforcing regulations. Inspectors check adherence to employment laws including working time, minimum wage, employment permits, wage payments. They conduct both announced and unannounced inspections, interview employers and employees, review records, and issue notices or take legal action against workplaces if necessary.
Their goal is to achieve compliance and resolve issues efficiently, maintaining fair workplace standards.
Inspection Activity
- Employers Inspected: 4,727 (up from 3,943 in 2022).
- Employers Found in Breach: 2,221.
- Unpaid Wages Recovered: €1,950,601.
Inspection Outcomes
- Successful Prosecutions: 111 out of 125 cases.
Civil Enforcement of Adjudication Awards
- Cases Dealt With: 97.
- Awards Recovered Before Court Orders: €128,229.
- Convictions for Non-compliance: Two employers were convicted for failing to comply with awards.
Inspection Campaigns
- National Minimum Wage Campaign: Conducted in Q1 2023 to ensure compliance with the updated minimum wage, focusing on SMEs employing staff at the national minimum wage.
3. Conciliation, Advisory, and Mediation Services
The Conciliation, Advisory, and Mediation Services (CAMS) Division provides essential services to resolve disputes and promote positive industrial relations. They operate across both public and private sectors, offering various forms of dispute resolution assistance.
Conciliation Service
The WRC Conciliation Service provides a neutral third party to help resolve industrial relations disputes in both the public and private sectors. This voluntary process involves Industrial Relations Officers (IROs) who chair conciliation conferences, guiding discussions and exploring settlement options.
Participation and outcomes are voluntary, with solutions reached by consensus. The process is informal, non-legalistic, and confidential.
- Referrals for Conciliation: 654, a 17% increase from 2022.
- Conciliation Conferences Convened: 606, with 27 held virtually.
- Agreements Brokered: In sectors including Ireland West Airport, Dublin Port Company, Teva, Applus, Corman Miloko, and Tara Mines, with significant contributions to resolving issues in healthcare and community services.
Issues at Conciliation
- Pay-related Issues: 43%.
- Organization Structure (rosters, restructuring, staffing, etc.): 26%.
- Industrial Relations Issues (terms and conditions, grading, productivity, etc.): 20%.
- Types of Leave: 3%.
- Benefits (bonuses, service pay, etc.): 5%.
- Pension-related: 2%.
- Redundancy: 1%.
Advisory Service
The Advisory Service aims to promote effective industrial relations practices without the presence of a dispute. Their services largely centre around prevention through outreach and providing educational resources.
Codes of Practice
- Workplace Relationships: Guidance on best practices.
- Right to Request Flexible and Remote Working: Developed under the Work Life Balance Act, 2023.
Knowledge Development and Outreach
- Training and Workshops: Provided 22 workshops in 2023, a 10% increase from 2022.
Mediation Services
The WRC Mediation Service aims to resolve employment rights complaints and disputes early without ant adjudication. Mediation is voluntary, confidential, and requires agreement from both parties. It can be conducted via phone, face-to-face meetings, or other suitable means. The Mediation Officer helps parties reach an agreement, which, if achieved, is documented and binding. If mediation fails, the dispute proceeds to adjudication.
Types of Mediation
- Pre-adjudication Mediation: Resolves disputes confidentially before formal adjudication.
- Workplace Mediation: Addresses interpersonal conflicts and working relationship breakdowns within the workplace.
Mediation Statistics (2023)
- New Mediation Cases: 1,926.
- Mediations Conducted: 785 (indicating that only 40.76% of cases proceeded to formal mediation).
- Mediations Resolved: 443.
Resolution Rates
- As a Percentage of New Cases: 22.98%.
- As a Percentage of Conducted Mediations: 56.45%.
Mediation by Method
- Telephone Mediations: 155 (75% resolution rate).
- Face-to-face Mediations: 630 (52% resolution rate).
- In-person Mediations: Increased by 302% to 559.
- Virtual Mediations: 71.
Late Request Mediation
- Requests Since September 2022: 65 with a 52% resolution rate.
Workplace Mediation
- Requests for Mediation: 110 in 2023.
- Referrals Proceeded to Mediation: 34.
Facilitation
- Meetings Chaired: 184 in 2023.
Adjudication Service
The Adjudication Service handles disputes under employment, equality, and equal status legislation. Independent WRC appointed Adjudication Officers conduct formal hearings where both parties present their cases and evidence. Depending on the type of complaint, the then officer issues a written decision that is either legally binding or advisory.Complaint Breakdown
- Pay-related: 26%.
- Unfair Dismissals: 13%.
- Discrimination/Equality/Equal Status: 13%.
- Working Time: 11%.
- Terms of Employment: 10%.
- Trade Disputes: 8%.
Hearings
- Adjudication Hearings Concluded: 4,765, a 12% increase from 2022.
- In-person vs. Remote Hearings: 70% in-person, 30% remote.
Postponement Requests
- Total Requests: 2,835, a 9% increase from 2022.
- Primary Reasons: Unavailability of representatives (28% increase) and witnesses (108% increase).
Decisions
- Decisions and Recommendations Issued: 2,951, a 50% increase from 2022.
- Individual Complaints Closed: Nearly 15,000.
Conclusion
In conclusion, 2023 marked significant growth for the WRC, demonstrating its expanding role and effectiveness in resolving employment disputes. This report highlighted the WRC’s increasing importance in employment law. As it refines its services and adapts to workforce needs, the WRC is set to become an even more integral part of the employment law landscape.Setanta Solicitors advise on WRC Claims. Please contact us to schedule a no obligation consultation at info@setantasolicitors.ie or 01 215 0168
