Representation at hearings
Representation at hearings starts long before the hearing. The sooner you get us involved, the better the opportunity to produce a positive outcome. Getting independent professional advice you can trust as soon as possible makes good sense. Here's why.
The Workplace Relations Commission (WRC ) deals with workplace disputes and rights.
The normal steps are as follows:
A complaint is submitted to the WRC.
This is a vital step and one which should not be taken without professional advice. You may fail to include some important piece of evidence. You may overlook claiming for all of your entitlements. You may leave it too late to claim. It costs nothing to talk to us for an initial consultation, but it can save you a lot.
Is mediation suitable ?
If the Director General of the Workplace Relations Commission is of the opinion that the dispute can be resolved without being referred to an adjudication officer, the complaint will be sent to a mediation officer. Either party to the dispute can object. This will result in the dispute going forward for adjudication.
It can be difficult to decide whether or not to accept mediation if you do not have enough experience. That is where we can help. We will explain the positives and negatives of mediation so that you can make an informed decision. Every case is different. Mediation is held in private.
If both parties consent to mediation they may be asked to attend a mediation conference This is held in private with a view to holding talks which will result in resolution of the dispute.
We can attend these with you and enter into negotiations on your behalf. We wil help you assess the value and importance of any offers made by the other party.
In many cases the mediation officer will attempt telephone based early resolution talks. We can help you fully prepare for these, and will assist you at every stage. If mediation is successful the mediation officer will write down the terms of agreement which both parties will sign, if it accurately reflects their agreement.
This then becomes lkegally binding, and can be enforced through the courts, if necessary.
Where mediation is not successful, the next step is adjudication.
The Adjudication Officer wil hold a hearing at which both sides will have an opportunity to put their case. The person making the complaint will have an opportunity to fully state their complaint, and present any evidence which will assist their case. We offer a complete representation service. We will help you to prepare for the hearing and will represent you on the day. You will have to give the necessary evidence. We can ensure that it is presented in the best light. We can argue on your behalf.
The party defending the complaint then has the opportunity to put their side of the argument.
The Adjudication Officer will then decide the matter and give a written decision, which will be sent to both parties and published.
Enforcement of decisions.
If the employer/respondent fails to carry out a decision of an Adjudication Officer of the Workplace Relations Commission or Labour Court, within a set time an application may be made to the District Court for an order compelling the employer/respondent to carry out the decision.