European Employment Law Cases

Article

2021/35 Supreme Court rules on constitutionality of Workplace Relations Commission (IR)

Keywords Miscellaneous
Authors Laura Ryan
Author's information

Laura Ryan
Laura Ryan is an Associate at Mason Hayes & Curran.
  • Abstract

      By a majority of 4-3, the Supreme Court of Ireland has held that the Workplace Relations Commission’s power to adjudicate disputes between employers and employees was not unconstitutional. However, the majority of the Supreme Court did find that certain aspects of the Commission’s procedures were unconstitutional, namely the blanket ban on public hearings and the lack of capacity for taking evidence on oath. The Workplace Relations Act 2015 and the Workplace Relations Commission procedures have consequently been amended to address these issues. This case report is a follow-up on EELC 2020/34.

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