Labour Court

Labour Court

The Labour Court is there to consider decisions made by the Workplace Relations Commission and where appropriate overturn or amend them. 


As a formal hearing, it is important that any party appearing before the Court can adequately present their case. 


More often than not, as it is mainly legal based, it is important that any employer appearing makes sure they are adequately represented as they are the party at the most financial risk. 


Based on over 35 years of experience MSS will present your best case.


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Frequently Asked Questions Regarding the Labour Court

  • What does the Labour Court do?

    The Labour Court in Ireland assists in resolving industrial disputes and employment rights issues. It provides an independent forum for adjudicating disputes between employers and employees, offering recommendations and binding decisions on matters such as unfair dismissals, discrimination, and working conditions. The court also handles appeals from decisions made by the Workplace Relations Commission. Its aim is to ensure fair and equitable treatment in the workplace while promoting harmonious industrial relations across Irish industry.

  • Can you appeal a labour court decision?

    Yes, you can appeal a Labour Court decision concerning a Rights Based Issue, to the High Court, but only on a point of law. This means you must demonstrate that the Labour Court made an error in interpreting or applying the law. The appeal must be lodged within six weeks of the Labour Court's decision. If the High Court finds an error in law, it can overturn or amend the Labour Court's decision

  • What is the difference between WRC and Labour Court?

    The Workplace Relations Commission (WRC) and the Labour Court are two distinct bodies in Ireland dealing with employment disputes. The WRC handles initial complaints related to employment rights, industrial relations, and workplace equality, providing mediation, conciliation, and adjudication services. If parties are unsatisfied with a WRC decision, they can appeal to the Labour Court. The Labour Court primarily deals with appeals from WRC decisions and provides a more formal setting for resolving complex disputes, issuing binding determinations on legal points.

  • Can you go straight to the Labour Court?

    In Ireland, you can choose to bring an employment claim directly to the Workplace Relations Commission (WRC) or go to the Labour Court. The WRC handles most disputes, while the Labour Court serves as an appeals option if you disagree with the WRC’s decision. Consider the pros and cons before deciding which route to take. 

  • Are labour court rulings legally binding?

    The Labour Court acts as a conciliation and mediation body rather than making legally binding decisions in industrial relations matters. Determinations under the Employment Rights enactments are legally binding. Parties can voluntarily submit to binding arbitration by agreeing in advance to be bound by the Labour Court’s recommendation in a specific matter. Therefore, the extent of legally binding decisions depends on the context and agreement between the parties involved. 

  • Can the Labour Court award costs?

    The Labour Court has very limited power to award costs. Generally, this occurs only when a claim is brought in a frivolous or vexatious manner.

  • How long does a labour court decision take?

    The Labour Court typically issues a written recommendation, determination, or decision within three weeks for industrial relations disputes and within six weeks for employment rights cases after the close of the hearing.

  • What happens in the Labour Court?

    The Labour Court hears both sides in a case and then issues a Recommendation, Determination, depending on the type of case. This document outlines the Court's opinion on the dispute and the terms on which it should be resolved. The Court's primary focus is to provide fair and impartial arrangements for resolving industrial disputes and handling appeals related to employment law. The process involves several stages, including referral, arranging a hearing, lodging written submissions, conducting the hearing, and issuing its decision. Whilst the Labour Court is not a court of law, it plays a crucial role in resolving workplace conflicts. 

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