The Workplace Relations Commission (WRC) is the body responsible for deciding on discrimination claims in Ireland in the first instance.
The WRC deals with both employment and service/goods related claims.
Gender discrimination claims have the option of going to the Circuit Court.
Right to look for information
Any person who believes that they have experienced discrimination may write to the person who may have discriminated against them. The person may ask for certain information which will assist in deciding whether to refer a claim.
Employers are not obliged to reply, but the WRC may draw such inferences as seem appropriate from an employer failing to reply or supplying false, misleading or inadequate information.
An employer is not obliged to disclose confidential information. If you are requesting information from your employer you can access the relevant form Statutory Instrument No 321/1999 – the Employment Equality Act, 1998 (section 76 Right to Information) 1999, at Schedule A.
The form is available on-line at www.statutebook.ie
A claim of discrimination or harassment must be referred to the WRC within six months from the last act of discrimination. The six month time limit can be extended up to twelve months by the Director of the WRC ‘for reasonable cause’.
There are specific procedural requirements in relation to claims of discrimination by the Civil Service Commissioners, the Local Appointments Commissioners, the Minister for Defence and the Commissioner of the Garda Síochána.
A parent, guardian or other person acting in place of a parent, can be the complainant, where a person is unable, by reason of an intellectual or psychological disability, to pursue a claim effectively.
Gender claims
Claims made under the gender ground can be initiated in the Circuit Court. There is no limit to the amount of compensation that may be ordered by the Circuit Court. However, unlike claims before the WRC, legal costs may be awarded against the unsuccessful party in the Circuit Court.
Mediation
The Director of the WRC can at any stage with the consent of both parties appoint a mediation officer. If a settlement
is reached through mediation then the terms are legally enforceable.
Adjudication
If either party does object to mediation or if the process of mediation is unsuccessful, the case will be referred to an
adjudication officer of the WRC for investigation and decision. The adjudication may be based on the written evidence of both parties or may involve an oral hearing. The adjudication officer will issue a decision which is legally binding. Decisions of adjudication officers will be published on the WRC website and parties are generally named.
However, a complainant can make an application at the time of the hearing that parties are anonymised. This might arise where e.g. a complainant has a specific medical condition that s/he does not want to be made public. However, the decision to anonymise parties lies at the discretion of the adjudicating officer in a particular complaint.
Dismissal of a claim
Cases can be struck out after a year if the WRC decides they are not being pursued. The Director of the WRC may dismiss a claim at any stage if of the opinion that;
Representation and costs
Complainants may represent themselves or be represented by a lawyer, trade union or other representative. Costs are not awarded. Expenses in respect of travelling and other expenses (except expenses of representatives) can be awarded where a person obstructs or impedes the investigation or appeal.
Remedies
Where the WRC finds in favour of the complainant, the following orders can be made:
Download WRC complaint forms