Guidance Notes for Completion of e-Complaint Form


Please note this is a BETA release.


The WRC is an independent body and is not in a position to give legal advice. The information contained in the complaint form is not to be treated as advice for either party. Do not rely on information contained in the form in place of advice. It is recommended that you read the form in its entirety before completing the online form.


When should you use this Form?


This complaint form should be used to make complaints to the Workplace Relations Commission in relation to alleged contraventions of employment, equality, equal status and certain industrial relations legislation.


How to make a complaint?


This is an e-Complaint Form. Simply fill in the details required and use the ‘Submit’ button. Your complaint will then be submitted electronically in a secure and confidential manner to the Workplace Relations Commission. See below for further details.


When should this Form not be used?


This Form should not be used when:

 

  1. Appealing a decision of a Workplace Relations Commission Adjudication Officer made under employment, equality and certain industrial relations legislation ( Making an Appeal ).

  2. Referring a collective dispute to the Labour Court or the Workplace Relations Commission's Conciliation and Mediation Services.

  3. Seeking the enforcement of a decision or determination made under employment, equality and certain industrial relations legislation ( Seeking Enforcement),

  4. Making a referral to the Labour Court under Section 20(1) or Section 20(2) of the Industrial Relations Acts 1969 (Labour Court)

 

How does the Form work?


The processes involved in completing this Form are as follows:

 

  1. You will be asked to provide contact numbers, email address and certain other details for the Complainant/Employee and the Respondent/Employer.

  2. You will be asked to indicate the general area within which the complaint falls (e.g. Pay, Hours of Work, Equality, Pensions, Redundancy, Industrial Relations etc.).

  3. In respect of each of the general areas chosen, you will be asked to select the nature of the Complaint (e.g. under Pay it may be non-receipt of a payslip, failure to pay the statutory minimum rate of pay, etc.). Information Notes are available to assist in your selection.

  4. You may be asked to provide additional details required to process certain complaints.

  5. You will then be asked to set out your complaint in your own words or, in the case of complaints alleging constructive dismissal or discrimination (employment and pensions), you will be required to make a formal statement.

  6. You will then be given information in relation to the role of Adjudication Officers or Inspectors,depending on the Workplace Relations Commission service appropriate to your complaint.

  7. You will be asked to select the service to which you wish to present your complaint.

  8. Use the 'Submit' button to send your complaint electronically to Workplace Relations Commission.

  9. You will receive a screen message to say that your complaint has been successfully submitted (this does not mean that your complaint has been successfully received by the Workplace Relations Commission).

  10. If you have provided a valid email address you will receive a notification by email that your complaint has been successfully received by the Workplace Relations Commission. This notification will also provide a Reference Number(s).

  11. If you have any additional documentation that you would like to submit with this complaint(including any documentation in support of a statement where this is required) this should be sent, citing the initial reference number (see J above) by email to : submissions@workplacerelations.ie

 

What will happen to my Complaint?


It should be noted that an Adjudication Officer may, at any time, dismiss a complaint if he or she is of the opinion that it is frivolous or vexatious. Once the complaint has been registered you will receive a more detailed acknowledgement together with information regarding the next steps. Complaint Application and Specific Complaint Reference Numbers will also be shown on that acknowledgement which should be used in all subsequent correspondence or communications.

 

Please note that where a complaint is submitted for Adjudication, a copy of this form and all relevant correspondence will be copied to and exchanged between the parties to the complaint.

 

In certain cases that are submitted for Adjudication, the Workplace Relations Commission may contact the Complainant and the Respondent with a view to attempting to encourage and facilitate both parties to resolve issues as an alternative to a formal hearing. If one or both parties do not wish to engage in mediation or if attempts at mediation are unsuccessful, the complaint will be referred to an Adjudication Officer.

 

Where can I get more information on my rights and the legislation involved?


More information in relation to employment, equality and industrial relations legislation can be found on www.workplacerelations.ie or by telephoning the Workplace Relations Commission’s information line on 0818 80 80 90.


Fees


No fee or charge applies for the submission of a complaint or dispute to the Workplace Relations Commission. However, Complainants and Respondents should note that parties who fail, without good cause, to appear at a hearing of a WRC Adjudication Officer and who subsequently wish to appeal the Adjudication Officer decision to the Labour Court, will have to pay a fee of €300 when lodging their appeal. If the Labour Court determines that the party in question had good cause for failing to attend the adjudication hearing, the fee will be refunded.