Choosing the wrong complaint on the WRC complaint form-a fatal mistake
Thinking about submitting a claim to the Workplace Relations Commission?
Take your time and get advice first if you are unsure of what you are doing.
A recent decision from the WRC in a case involving a sales area manager and a construction company illustrates how important it is to complete the WRC correctly when the claim is being submitted. If that does not happen, and the claim is brought under the incorrect act, then the employee’s claim is bound to fail as the WRC adjudicator will not have the jurisdiction to hear the case.
In case ADJ-00026280 a sales area manager had worked for the employer from 1998 to 2019-that is, twenty one years.
The employee had been retired out of the job by the employer when he reached the age of 65 years, having been told he was being replaced by a younger man. The employer claimed 65 was the retirement age in the workplace, notwithstanding that there was an employee who continued in employment at the age of 74 years.
Read the rest here.