Supreme Court rejects challenge to Workplace Relations Commission
Posted on 6th April 2021 at 19:26
The Supreme Court has rejected a legal challenge to the State’s system for resolving workplace disputes.
The seven-judge court ruled on Tuesday that the Workplace Relations Commision’s (WRC) power to adjudicate disputes between employers and staff “does not offend the Constitution”.
Their ruling means that the commission’s previous decisions are not open to challenge on the same grounds and that it can continue to rule on workplace disputes.
Lawyers for Tomasz Zalewski, who says he was unfairly dismissed by discount chain, Costcutter, argued that Part V of the Workplace Relations Act, 2015, was unconstitutional.
They maintained that when the commission ruled on workplace disputes it was administering justice, a power they said the Consitution only gave to the courts and judges.
While the Supreme Court agreed that the WRC was administering justice, it ruled that it was only exercising limited jurisdiction, which it said the Constitution permits.
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