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Key Employment Law Cases from the Workplace Relations Commission

The Workplace Relations Commission have recently published their Litigation Report of key judgements from the Irish Courts and the Court of justice of the European Union from 2015 to 2022 (relating to decisions of the Workplace Relations Commission). It is a very useful guide and overview of key cases for those who practice in or have an interest in employment law. It is hoped that further publications will follow.

Amongst the decisions outlined are:

1. Constitutionality of the Workplace Relations Act 2015 – Zalewski v. Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24
2. Appropriate Use of Judicial Review Proceedings – Ammi Burke (Applicant) v. An Adjudication Officer and the Workplace Relations Commission (Respondents) and Arthur Cox LLP (Notice Party) [2021] IEHC 667
3. Whether statutory appeal before Labour Court is an adequate alternative remedy – Erdogan v. The Workplace Relations Commission [2021] IEHC 348
4. Non Attendance at a Hearing – Jennifer Morgan v. The Workplace Relations Commission, High Court, No. 514/201
5. Refusal to Postpone -Kenneth Smullen v. The Workplace Relations Commission & Joe Mallon Motors, High Court, No.
6. Isaac Wunder Orders and Strike Out of Frivolous or Vexatious Complaints – Morgan v Labour Court & Others [2022] IEHC 361
7. Fair Procedures, Access to Justice and Adjudication Officers’ Discretion – County Louth Vocational Educational Committee v. The Equality Tribunal [2016] IESC 40; Bisi Adigun v. The Equality Tribunal [2015] IESC 91; Sam Dennigan and Company v. O’Connell and The Workplace Relations Commission [2016] IEHC 665:
8. Awarding Costs under the Equal Status Acts 2000 – Heather Rosen (Appellant) v. The Director of Equality Investigations and The Equality Tribunal, The Minister for Justice and the Department of Justice Equality and Law Reform, Ireland and the Attorney General (Respondents); and Members of Certain Traveller Families and Clare County Council and the County Manager (Notice Parties) [2019] IESC 22:
9. Court of Justice of the European Union – Disapplication of National Provisions Contrary to EU Law: Minister for Justice and Equality and The Commissioner of An Garda Síochána v. The Workplace Relations Commission and Ronald Boyle and Others (Notice Parties), Case C-378/17:

A copy of the Report can be accessed here

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