WRC – Adjudication James Kelly Adjudication Officer & Mediator Sligo Regional Services of the Workplace Relations Commission
My presentation will focus on…. The WRC - Adjudication Service • Pre hearings arrangements • How the Adjudication Officer will conduct the hearing • Some improvements to our service through out 2018 • Some frustrations that we face •
WRC - ADJUDICATION • Single point of entry for all services More mediation and disputes settled in a more conciliatory, less costly fashion - • Reduce the number of cases for adjudication • Complaint handling more efficient, effective and straightforward • Reduced need for legal representation • Standard templates for decisions • All complaints on one form • Consistent time limits for making complaints • More detail in relation to complaints • Remove incorrect or incomplete complaints at an early stage • Single route to appeal – Labour Court 3
WRC - Adjudication • On-line first instance complaints heard by WRC Adjudication Officers • Six month time limits for presentation (12 months for reasonable cause) • Papers submitted beforehand (electronically!) – early please! with as much information on complaint form as possible • Currently Hearings are scheduled within 4 - 5 months of complaint receipt (late submissions and postponements impact on this) • Decision appealable to Labour Court within 42 days of Decision • Decisions and Labour Court determinations enforceable through the Courts • Appeal to High Court on point of law only • A new home in Lansdowne House 4
PRE-HEARING • Respondent notified of the complaint(s) • Mediation • Submissions • Hearing scheduled • Postponements 5
Mediation – give it a try!! • Opportunity for the parties to participate in the resolution • If complainant wants to participate mediation then the respondent is asked • Clear focus on removing a claim from adjudication system by agreement • Depending on issue could be by phone and/or face to face • Voluntary and confidential process where Agreements reached are legally enforceable • It’s less costly, stressful and parties own and influence agreements reached 6
SUBMISSIONS – Get them in early!! • Requested in Advance • In particular in Employment Equality & Unfair Dismissals • From party on whom the burden of proof falls • Copied to the other side 7
Hearing Scheduled - • 7 weeks in advance – to reduce postponement requests • Postponements add 4- 8 weeks to overall timeline for scheduling. • Manual Listing of linked cases. • Getting information on complaint early and in advance assists AO understanding and helps speeds up process • 17 Hearing venues – including Waterford Courthouse 8
Postponements – supporting evidence!! • Please apply early • 2,133 postponement requests in 2018. • Vast majority made too close to allow hearing date to allow backfilling • Only Granted in Exceptional circumstances • Supporting documentation – cert, travel documents • Everyone treated the same 9
Adjudication Service • The Adjudication Officer’s role is to hold a hearing and manage that hearing, where both parties are given a fair opportunity to present their case and any evidence relevant to the complaint, including any witnesses or documentation. • Hearings are held in private. No recording of the proceedings are permitted. • Parties may be accompanied and represented -a trade union official, a practicing barrister or practicing solicitor or any other person, if the Adjudication Officer so permits. • Although its not a Court of law, it will follow the normal Court procedures gathering evidence, it will allow for cross examination of witnesses and the making of legal statements. 10
Conduct of Hearings and Post Hearing. • All hearings will be conducted in accordance with the following guidelines: • The Adjudication Officer will consider any preliminary issues and then proceed to hear the substantive claim(s). • Both parties will, in turn, be asked to give a concise outline of their position in relation to the claims made (the type of case will determine which side starts first). • The Adjudicator will take direct evidence from both parties and all other witnesses. • The other party, or their representative, will be given the opportunity to question the Comp. / Resp. and other witnesses regarding the evidence they have given. • Both parties are given the opportunity to present a summing up of the case, including submission of legal points and introduction of relevant case law. • The Adjudicator may allow further information to be submitted after the hearing. • Final Decision/Recommendation will issue. (6+ weeks) 11
Adjudication Service – Decisions • The Adjudication Officer will then decide the matter and give a written decision in relation to the complaint. The decision will be communicated to both parties and published on the WRC website. • It will declare whether the complaint was or was not well founded͖. • If well founded, it may require the employer/service provider to comply with the relevant provision(s) of the legislation, • require the employer to make such redress as is just and equitable in the circumstances including an award of compensation. • A party to a complaint may appeal a decision/recommendation to the Labour Court or the Circuit Court for decision under the Equal Status Acts. • The redress that may be granted by an Adjudication Officer in a case is set down in the Individual Statute. 12
Improving our service in 2018 • To date we have had 40,000 individual complaints for adjudication. • 2018 - 15,451 Specific Complaints (7,724 Complaint Applications) • 5,312 hearing held in 2018 - 22% increase in the number of Hearings held in 2017 • 75% of hearings have been scheduled within 5 months. • Hearing notifications now are mostly sent to the parties 7 weeks in advance of the hearing. • The Adjudication Service has published a practical guide to Hearings on its website. • 17 hearings locations across the country • 2,964 decisions/recommendations issued in 2018 13
Adjudication Service - Issues Impacting on processing times Insufficient detail on complaint form • No date of dismissal given • Respondent address is not listed Mediation • Complainant Seeks Mediation • 10 Days to allow for Employer to respond • 6 weeks for process No Show/Withdrawal/Settlement Rate • Accounts for 15% of time slots Submissions • Not received in 30% of cases until the morning/night before - adjournment adds a minimum of 7 weeks to process Postponement Requests: • The total number of postponement requests for 2018 was 2,133 • 40% of dates offered subject to postponement request (2/3rds granted) – 75% of which received less than four weeks to hearing • When granted they add a further 7 weeks minimum to processing
Thank You 1890 1890 80 80 90 Sligo Regional Services of the Workplace Relations Commission
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