[PPT] - Adjudication Officer & Mediator Sligo Regional Services of the PowerPoint Presentation

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Sligo Regional Services of the Workplace Relations Commission

James Kelly Adjudication Officer & Mediator WRC – Adjudication

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My presentation will focus on….

The WRC - Adjudication Service
Pre hearings arrangements
How the Adjudication Officer will conduct the hearing
Some improvements to our service through out 2018
Some frustrations that we face

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WRC - ADJUDICATION

Single point of entry for all services
More mediation and disputes settled in a more conciliatory, less costly fashion -

Reduce the number of cases for adjudication

Complaint handling more efficient, effective and straightforward
Reduced need for legal representation
Standard templates for decisions
All complaints on one form
Consistent time limits for making complaints
More detail in relation to complaints
Remove incorrect or incomplete complaints at an early stage
Single route to appeal – Labour Court

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WRC - Adjudication

On-line first instance complaints heard by WRC Adjudication Officers
Six month time limits for presentation (12 months for reasonable cause)
Papers submitted beforehand (electronically!) – early please! with as

much information on complaint form as possible

Currently Hearings are scheduled within 4 - 5 months of complaint receipt

(late submissions and postponements impact on this)

Decision appealable to Labour Court within 42 days of Decision
Decisions and Labour Court determinations enforceable through the

Courts

Appeal to High Court on point of law only
A new home in Lansdowne House

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PRE-HEARING

Respondent notified of the complaint(s)
Mediation
Submissions
Hearing scheduled
Postponements

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Mediation – give it a try!!

Opportunity for the parties to participate in the resolution
If complainant wants to participate mediation then the respondent

is asked

Clear focus on removing a claim from adjudication system by

agreement

Depending on issue could be by phone and/or face to face
Voluntary and confidential process where Agreements reached are

legally enforceable

It’s less costly, stressful and parties own and influence agreements

reached

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SUBMISSIONS – Get them in early!!

Requested in Advance
In particular in Employment Equality & Unfair Dismissals
From party on whom the burden of proof falls
Copied to the other side

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Hearing Scheduled -

7 weeks in advance – to reduce postponement requests
Postponements add 4- 8 weeks to overall timeline for

scheduling.

Manual Listing of linked cases.
Getting information on complaint early and in advance assists

AO understanding and helps speeds up process

17 Hearing venues – including Waterford Courthouse

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Postponements – supporting evidence!!

Please apply early
2,133 postponement requests in 2018.
Vast majority made too close to allow hearing date to allow

backfilling

Only Granted in Exceptional circumstances
Supporting documentation – cert, travel documents
Everyone treated the same

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Adjudication Service

The Adjudication Officer’s role is to hold a hearing and manage that

hearing, where both parties are given a fair opportunity to present their case and any evidence relevant to the complaint, including any witnesses

r documentation.
Hearings are held in private. No recording of the proceedings are

permitted.

Parties may be accompanied and represented -a trade union official, a

practicing barrister or practicing solicitor or any other person, if the Adjudication Officer so permits.

Although its not a Court of law, it will follow the normal Court procedures

gathering evidence, it will allow for cross examination of witnesses and the making of legal statements.

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Conduct of Hearings and Post Hearing.

All hearings will be conducted in accordance with the following guidelines:
The Adjudication Officer will consider any preliminary issues and then proceed to hear

the substantive claim(s).

Both parties will, in turn, be asked to give a concise outline of their position in relation

to the claims made (the type of case will determine which side starts first).

The Adjudicator will take direct evidence from both parties and all other witnesses.
The other party, or their representative, will be given the opportunity to question the
Comp. / Resp. and other witnesses regarding the evidence they have given.
Both parties are given the opportunity to present a summing up of the case, including

submission of legal points and introduction of relevant case law.

The Adjudicator may allow further information to be submitted after the hearing.
Final Decision/Recommendation will issue. (6+ weeks)

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Adjudication Service – Decisions

The Adjudication Officer will then decide the matter and give a written

decision in relation to the complaint. The decision will be communicated to both parties and published on the WRC website.

It will declare whether the complaint was or was not well founded͖.
If well founded, it may require the employer/service provider to

comply with the relevant provision(s) of the legislation,

require the employer to make such redress as is just and equitable in

the circumstances including an award of compensation.

A party to a complaint may appeal a decision/recommendation to the

Labour Court or the Circuit Court for decision under the Equal Status Acts.

The redress that may be granted by an Adjudication Officer in a case is

set down in the Individual Statute.

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Improving our service in 2018

To date we have had 40,000 individual complaints for

adjudication.

2018 - 15,451 Specific Complaints (7,724 Complaint Applications)
5,312 hearing held in 2018 - 22% increase in the number of

Hearings held in 2017

75% of hearings have been scheduled within 5 months.
Hearing notifications now are mostly sent to the parties 7 weeks

in advance of the hearing.

The Adjudication Service has published a practical guide to

Hearings on its website.

17 hearings locations across the country
2,964 decisions/recommendations issued in 2018

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Adjudication Service - Issues Impacting on processing times

Insufficient detail on complaint form

No date of dismissal given
Respondent address is not listed

Mediation

Complainant Seeks Mediation
10 Days to allow for Employer to respond
6 weeks for process

No Show/Withdrawal/Settlement Rate

Accounts for 15% of time slots

Submissions

Not received in 30% of cases until the morning/night before
adjournment adds a minimum of 7 weeks to process

Postponement Requests:

The total number of postponement requests for 2018 was 2,133
40% of dates offered subject to postponement request (2/3rds granted) – 75% of which received less than four weeks to

hearing

When granted they add a further 7 weeks minimum to processing

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