Practice, and Fair Procedures, in Irish Employment Law

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Practice, and Fair Procedures, in Irish Employment Law

Edited by Anthony Kerr SC · Cathal McGreal · Kevin Roche
Bloomsbury Professional (formerly Tottel Publishing) March 2026

Specifications

ISBN-13
9781526536075
Publisher
Bloomsbury Professional (formerly Tottel Publishing)
Publication
March 2026
Format
Paperback
Jurisdiction
Ireland ? Countri(es) for reference only

Also available as

Details

Practice, and Fair Procedures, in Irish Employment Law is an invaluable and highly practical aid for employment law practitioners, employers, employees, trade union officials, and HR professionals alike.

The authors examine in detail practice and procedure before the Workplace Relations Commission and the Labour Court, as well as in the ordinary courts, in all employment matters, both civil and criminal. The final part of the book comprises an examination of the principles of fair procedures in internal grievance and disciplinary proceedings. It deals with such matters as employee rights, investigations, notices and warnings, among others.

Table of Contents

CHAPTER ONE: PRACTICE AND PROCEDURE BEFORE THE WORKPLACE RELATIONS COMMISSION AND THE LABOUR COURT
Introduction
The Workplace Relations Commission
Presentation of Complaints
Amendment of Complaint Form
Submissions
Hearings
Postponement/Adjournment Applications
Dealing with a Complaint by way of Written Submissions
Dismissal of Complaints
Time Limits
Extension of Time
Power to amend decision/grant leave to institute proceedings
Appeals to Labour Court
Procedure for Appeals
Withdrawal of Appeal
De Novo Hearing
Conduct of Hearings
Time Limits
Power to amend decision
Representation
Burden of Proof
Preliminary Issues
Parallel Proceedings
Recording of Proceedings
Obligation to Provide Reasons
Compliance Notices
Enforcement of WRC/Labour Court Decisions
References to the High Court
References to the Court of Justice
Notification of Revenue Commissioners/Minister for Social Protection

CHAPTER TWO: PRACTICE AND PROCEDURE BEFORE THE ORDINARY COURTS
Introduction
Justiciability of Employment Rights
The District Court
Jurisdiction under the Courts of Justice Act 1924
Jurisdiction under the Workplace Relations Act 2015
Discrete areas of jurisdiction
Costs of District Court Proceedings
The Circuit Court
Jurisdiction under the Courts (Supplemental Provisions) Act 1961
Appeals from the District Court
Case Stated Procedure
Statutory Employment Law Jurisdiction
The High Court
Initiation of proceedings
Interim/Interlocutory Relief
Common law action for breach of a gender equality/equal remuneration clause
Declaratory Relief
Appeals from the Circuit Court
Judicial Review
Participation of the Workplace Relations Commission / Labour Court in judicial review proceedings
Statutory appeals and references from the Labour Court
Statutory High Court Jurisdiction
Costs in Statutory Appeals
The Court of Appeal
Cases Stated
The Supreme Court
Extensions of Time
Preliminary References
Criminal Law
Initiation of criminal proceedings

CHAPTER THREE: FAIR PROCEDURES IN EMPLOYMENT LAW
Introduction
Internal employment proceedings not a court of law
Procedural skirmishes and the integrity of the decision
The most important principles of fair procedures
Audi Alteram Partem
The right to be informed of the allegation
Imprecision in stating the charge
The right of access to witness statements
Reducing the allegation or complaint to writing
The right of access to relevant material
Hearings, oral hearings and rehearings by way of appeal
Cross-examination
The right to be accompanied or represented
The right to legal representation
No right to silence
The right to a hearing before an impartial, or unbiased, adjudicator
Consistency
Proportionality
Standard of Proof
Informality, privacy and confidentiality
Investigation stage, hearing stage and intermediary stages
Relevant and appropriate evidence, factors or circumstance
Delay, suspension and the onus of activation
Prior notice
Notices and warnings of when and how disciplinary action may arise
Warnings and notices in specific cases
Warnings placed on disciplinary record
Conclusion

APPENDICES
Labour Court Rules 2024
SI No 275 of 2006 (as amended)
RSC Order 105 (as amended)
RSC Order 106 (as amended)
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