Employer Update: Adjudications and Decisions 2021

January 11, 2022

11th January 2022

The WRC has published a ‘Review of WRC Adjudications and Decisions’ for 2021. This report serves as a timely reminder of the

importance of getting the procedures right and ensuring that we, as HR Practitioners and business owners, are taking the steps

necessary to protect our businesses from unnecessary awards.

Key Findings:

A total of 1,401 cases encompassing 3,059 complaints were the subject of published decisions.

Awards Made:

The overall average award was €5,117.42.

Complaint Breakdown:

Most complaints concerned the Organisation of Working Time Act 1977, with 577 complaints. The average award under this legislation was €1,057.48. The highest award was €11,180.00

This legislation deals with working hours, daily and weekly breaks, annual leave, public holidays and working time records for employees.

Employers to Note: Businesses should make sure they are keeping appropriate working time records and that employees are not exceeding working time limits and are receiving breaks, so as to avoid unnecessary claims under the Organisation of Working Time Act.

The second highest number of claims were made under the Unfair Dismissals Act 1977, which includes unfair redundancies, with 454 complaints. The average award made under this Act was €11,472.96, with the highest award being €104,000.00.

Employers to Note: With procedural fairness being at the forefront of most decisions concerning Unfair Dismissals, employers must ensure they adhere to and follow a fair process, ensuring impartiality at each stage of the process and following the disciplinary procedures closely and seeking advice before each step.

A full copy of the report is available here; https://www.workplacerelations.ie/en/complaints_disputes/adjudication/review-of-wrc-adjudication-decisions-recommendations/wrc-report-review-of-wrc-adjudication-decisions-and-recommendations-jan-dec-2020-.pdf

We hope that you find this update useful. If you have any queries, as always, please do not hesitate to get in touch with us.

Please remember to check out our Subscriber Online Hub for access to useful HR templates, if you have not already done so.

Details of how to do so are once again outlined below;