Man entitled to challenge constitutionality of new workplace dispute procedures

A man is entitled to pursue claims that new procedures for determining workplace disputes breach the Constitution and the European Convention on Human Rights Act 2003, the Supreme Court has ruled.

Mr Zalewski, North Strand Road, Dublin 3, had claimed he was unfairly dismissed from his job as assistant manager at Buywise Discount Store in 2016, where he had worked since March 2012. A hearing at the WRC before an adjudication officer on October 26th, 2016 lasted about ten minutes, involved no oral evidence or opportunity to cross-examine and the officer accepted written submissions and documents from the sides, it was claimed.

In April 2017, solicitors for the WRC wrote saying the officer’s decision had, due to an “administrative error”, been filed as a “decision to issue” rather than “adjourned to further hearing”. The WRC consented to court orders quashing the officer’s decision, remitting the complaint for rehearing before a different officer and to paying Mr Zalewski’s costs.

.....evidence is not heard on oath, there is no penalty for any person who gives false evidence and adjudication officers are not required to have any legal qualification or experience.....

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