Make a Complaint to the Workplace Relations Commission – Services

Anybody wishing to make a claim of discrimination must notify the person against whom the claim is being made, in writing, within two months of the date of the most recent occurrence of the discrimination.

This written notification can be done by acquiring and filling out form ES.1 accompanied by ES.2 for a reply. Forms can be accessed from the WRC website. 

This written notification must set out the nature of the allegation and the complainant’s intention if not satisfied with the response to seek redress under the Acts.

The WRC may “for reasonable cause” direct that the two month period be extended to four months and in exceptional circumstances, waive the two month requirement completely where it is satisfied that it is fair and reasonable to do so.

It is advisable to get a certificate of posting from the post office to prove postage and also to keep a copy of the written notification for your records.

If there is no reply within one month or, if the reply is unsatisfactory, the complaint should be referred to the WRC within six months from the date of the discrimination.

The six months’ time frame can be extended to twelve months by the WRC for “reasonable cause”.

Mediation
The Director of the WRC can, at any stage with the consent of both parties, appoint a mediation officer. If a settlement is reached through mediation then the terms are legally enforceable.

Adjudication
If either party objects to mediation or, if the process of mediation is unsuccessful, the case will be referred to an adjudication officer of the WRC for investigation and decision.

If the mediation process is unsuccessful, the mediation officer will issue a notice of non-resolution to both parties. If the complainant wishes to proceed to adjudication, the complainant must write within 42 days from the date of this notice to the WRC applying for the resumption of them hearing.

The adjudication may be based on the written evidence of both parties or may involve an oral hearing. The adjudication officer will issue a decision which is legally binding.

Decisions of adjudication officers will be published on the WRC website and parties are generally named.

However, a complainant can make an application at the time of the hearing that parties are anonymised. This might arise where a complainant has a specific medical condition that s/he does not want to be made public.

However, the decision to anonymise parties lies at the discretion of the adjudicating officer in a particular complaint.

Dismissal of a claim
Cases can be struck out after a year if the WRC decides they are not being pursued. The WRC may dismiss a claim at any stage if of the opinion that:

• it has been made in bad faith;
• is frivolous or vexatious;
• misconceived; or
• relates to a trivial matter.

Representation and costs
Complainants may represent themselves or, be represented by a lawyer, trade union, community group or other representative.

In general, costs are not awarded. Costs in respect of travelling and other expenses (except expenses of representatives) can be awarded where a person obstructs or impedes the investigation or appeal.

Remedies
If there is a finding in favour of the person making a complaint, compensation of up to €15,000 in total can be ordered. The adjudication officer can also order persons to take specified courses of action.

Appeals
Decisions of the WRC (including decisions on time limits and striking out of the claim) may be appealed to the Circuit Court not later than 42 days from the date of the decision.

Enforcement
Mediation agreements or decisions of the WRC which have not been complied with may be enforced through the District Court.

Appeal on a point of law
Where a decision is made by the Circuit Court on an appeal, either party may appeal to the High Court on a point of law.