High Court Dismisses Constitutional Challenge to the Workplace Relations Act 2015, WRC Adjudication System and Labour Court

The validity and constitutionality of the Workplace Relations Commission and Labour Court had been challenged in the High Court by way of a Judicial Review. The High Court has now issued its decision.

The case is Thomas Zalewski and The Workplace Relations Commission, Ireland and the Attorney General, and an Adjudication Officer (Rosaleen Glackin).

The issue

The issue to be determined was whether the Workplace Relations Act 2015, and everything that flowed from it including the WRC adjudication system and the Labour Court, was invalid because it involved the administration of justice. The administration of justice in Ireland is, according to the constitution, reserved to Judges and Courts.

The Applicant also argued that the procedures employed by the WRC were deficient-for example, there was no provision for taking evidence on oath, no express right to cross-examine witnesses, and the hearings take place in private whilst the administration of justice in Ireland, pursuant to Bunreacht na hEireann, is to be done in public.

Read the full blog post here.

Kind Regards
Terry Gorry

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