Workplace Relations Commission (WRC)

It is possible that employees, if disgruntled, could choose to exercise their rights to seek redress for any work-related issues or grievances from numerous independent third parties, including the Workplace Relations Commission (WRC), the Labour Court, Conciliation services, their trade union, the Social Welfare Tribunal, as well as both the High Court and the Circuit Court.


Any employer facing such a potentially adversarial situation needs to be fully prepared and professionally represented in order to minimise their exposure. Failure to do so can result in unnecessary penalties and other costs being levied against them.


As experts in Irish Employment Law, MSS have many years of experience representing employer clients in all matters concerning workplace relations. 


Want to discuss workplace relations further? Give us a call.

A large building with a sign that says WRC on it

Workplace Investigations


A workplace HR investigation is defined as "an independent and impartial investigation into a problem in the workplace by someone that has not been involved in the matter before."


At MSS, our highly trained and experienced HR specialists will conduct workplace investigations on your behalf with integrity and impartiality. Once our investigation is complete, we report our findings directly to you.


When Should an Organisation Conduct an Independent Workplace Investigation?


There are several instances that necessitate thorough HR workplace investigations. They include:

  • Bullying, Harassment, or Sexual Harassment: Workplace investigations often address concerns related to bullying and harassment, emphasising the need for clear policies and proactive management.
  • Complaints Against a Staff Member: Disciplinary issues are a common focus of workplace investigations, highlighting the importance of addressing complaints promptly and fairly.
  • Grievances from a Staff Member Concerning Themselves: Employees frequently raise grievances about their treatment or working conditions, reinforcing the need for effective resolution processes. Effectively resolving grievances is vital for maintaining a harmonious work environment.
  • Unclear Incidents Investigations are essential to determine underlying causes and appropriate actions especially when the basis for an incident isn't clear.
  • Disciplinary Investigations: Addressing violations of company policies or codes of conduct is crucial to maintaining workplace standards.


Why Work with an External Expert on Your HR Investigations?


While some businesses may decide to handle investigations internally, there are certain benefits to engaging external experts:

  • Impartiality: External investigators provide an unbiased perspective, ensuring that findings are based solely on facts.
  • Expertise: Specialised investigators bring a wealth of experience in handling complex cases, ensuring thorough and efficient processes.
  • Resource Allocation: Utilising external resources allows internal teams to focus on their primary responsibilities, thereby minimising disruptions.
  • Preserving Workplace Relationships: Having an external expert conduct the investigation prevents internal managers from being placed in difficult positions, helping to maintain trust and positive working relationships with employees.


Considering mediation as an outcome of, or instead of, an investigation process can also be beneficial. Mediation offers a collaborative and less adversarial approach to resolving workplace conflicts, potentially leading to more amicable outcomes and preserving professional relationships.


At MSS, we are committed to assisting you to navigate these complex situations with professionalism and care. Our team ensures that all investigations are conducted thoroughly, impartially, and in a timely manner, and are aligned with best practices to uphold the integrity of your workplace.


If you wish to discuss HR investigations further or seek assistance with a specific concern, please don't hesitate to contact us.


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New Codes of Practice for Employers and Employee on the Right to Request Flexible and Remote Working

New Codes of Practice for Employers and Employees on the Right to Request Flexible and Remote Working

By Tara Daly • March 21, 2024
In this article, we discuss the purpose of WRC Codes of Practice for remote working and share insights into what qualifies as remote work, what elements to include in both a remote working request and an employer's response.

Lessons to take away from the recent WRC decision on 'Remote Working'

By Christina Clarkin • February 12, 2021
Lessons to take away from the recent WRC decision on ‘Remote Working’ The WRC, in a recently well publicised case, found in favour of an Operations Administrator claim for Unfair Dismissal in a Facilities Management Company. The employee claimed she was constructively dismissed following a refusal by her employer to put measures in place, in this case working remotely, to address her health and safety concerns in relation to COVID -19. Constructive Dismissal arises where it is considered reasonable for an employee to terminate his/her employment due to the conduct of their employer. The bar is quite high for an employee to win such a case, as the burden of proof is on the employee to prove that they had no choice but to leave, which is why this case is of significance. Can Essential businesses refuse Remote Working? Whilst some employers are of the view because they are considered ‘essential’ workplaces, they can use this as a reason to refuse such requests, this case shows employers cannot adopt such a blanket view on the matter. Currently we are operating under Level 5, which stipulates that people should work from home, unless it is essential for them to be in work. This is in addition to considering any health and safety concerns raised by employees and whether operationally it is possible to accommodate them. Employers have a Duty of Care to employees and must ensure the safety, health and welfare of their employees. This means carrying out risk assessments and identifying, where possible, if a risk can be eliminated, and if not, whether adequate control measures can be put in place to manage the risk. In this case the Adjudicator believed “ the requirement that the complainant attend the workplace without such adequate consideration of the elimination of risk, amounts to repudiation of contract. This arises as providing a safe place of work is a fundamental term of the contract of employment. The respondent did not comply with the statutory framework by first seeking to eliminate risk, causing the complainant to attend work in greater danger. In this case, the risk could have been readily eliminated or reduced through ‘reasonably practicable’ steps, as suggested by the complainant. Mitigation is not equivalent to elimination.” So, does this mean that employers must accommodate Remote Working? No. Firstly this decision has nothing to do with the right to work remotely but all to do with Covid and Health and Safety. Employers are still within their rights to refuse remote working. However, this case demonstrates the importance of being able to show that any such refusal was made following a risk assessment and to be able to demonstrate why objectively, it is not operationally feasible. In addition to the proposals for remote working strategies of the Government, the case further signifies that remote working is going to be with us into the future and if current legislative proposals are introduced then employers will have to justify why they will not allow remote working. Employers should take this time to review the roles within their workplaces, to reasonably assess which roles are suitable to remote working, which roles are not and ensure they can objectively justify such a decision if challenged. We would also recommend that employers prepare now Remote working policies. Case reference https://www.workplacerelations.ie/en/cases/2021/january/adj-00028293.html