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Employment Claims

Employment Disputes and Claims-Where Do You Go in 2020?

Have you an employment issue that want to take further?

Maybe you are considering pursuing the matter on the basis that you feel your employment right has been breached? And you are wondering where you need to or what your options are.

Let’s take a look, shall we?

WRC (Workplace Relations Commission)

The vast majority of employment claims should be brought to the WRC (Workplace Relations Commission) in the first instance.

You do not have a choice when it comes to a statutory entitlement you may have-for example, a dispute concerning unfair dismissal, non payment of wages, failure to give you annual leave or rest breaks, and so forth. These types of claim must be brought to the WRC.

The WRC also deals with discrimination in the area of employment, the provision of goods and services, and trade disputes.

If you are not happy with the outcome of the WRC Adjudicator’s decision you can appeal this to the Labour Court.

So, the WRC is the venue for most employment disputes or claims.

Civil Courts

You can also bring some claims concerning your employment to the Civil Courts.

The first such claim would be for breach of contract and/or wrongful dismissal. This would cover a situation where your employment contract provides for 1 month’s notice for the termination of your employment and you are only given 1 week.

Clearly there is a breach of a term of the contract and you are entitled to sue in the Civil Courts for wrongful dismissal on the basis that you are entitled to 3 further weeks’ notice.

You must also travel a different route if you suffered a personal injury in the workplace and wanted to sue your employer for the loss and damage arising. Firstly, you would have to submit your claim to the Injuries Board.

If the injury is a physical one the Injuries Board will be able to assess the compensation that would reflect your injury an loss. However, if the injury is a psychological or psychiatric injury you will have to pursue this through the Civil Courts.

You will also have to go through the Courts if the employer or you does not accept the assessment value that the Injurie Board puts on the injury.

In rare cases you might also go to the Courts to seek an injunction preventing your dismissal, or some other relief relating to your employment. This scenario would not be your first port of call, however, and is expensive, especially if your trip to the High Court is unsuccessful.

If you felt a constitutional right was ignored or breached you would also go to the Civil Courts to vindicate your rights, including to your good name.

Other venues

There may be one or two other venues to pursue an employment matter but this would only be in very specialised areas-for example, if you are a doctor or nurse or solicitor you may be facing an application to have you struck off the professional register for your profession.

Conclusion

The vast majority of employment related claims must be firstly brought to the WRC. Some may be brought to the Civil Courts.

It is important from your perspective to be clear at the outset where you can bring your particular issue, the potential cost and outcomes/remedies.

Regarding costs each party pays their own costs at the WRC or the Labour Court. Going to Court, however, runs the risk of the Judge awarding all costs, for each side, to the winning party.