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ARTICLE · 22 APRIL 2021

Landmark Supreme Court Ruling On WRC

Dillon Eustace
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The Supreme Court has found, by a narrow majority, that the Workplace Relations Act 2015 (the Act) as implemented by the Workplace Relations Commission (WRC) is not unconstitutional.

IrelandEmployment and HR
John Doyle
John Doyle
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Zalewski v Adjudication Officer & Ors [2021] IESC 24

The Supreme Court has found, by a narrow majority, that the Workplace Relations Act 2015 (the Act) as implemented by the Workplace Relations Commission (WRC) is not unconstitutional.

WRC Proceedings

The Zalewski case involved proceedings for unfair dismissal and non-payment of wages which were initiated in the WRC. The hearing was adjourned to allow evidence to be given by certain witnesses. However, when the matter returned before the WRC, the applicant was informed that the adjudication officer had already issued a decision dismissing his complaint.

High Court

A judicial review of the WRC process was sought in the High Court. It was alleged that the WRC was engaged in the administration of justice which was required by the Constitution to be within the sole remit of the courts. Further, that the lack of an appeal procedure, the fact that hearings were not held in public and that there was no right to

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