Overview

Practice, and Fair Procedures, in Irish Employment Law is an invaluable and highly practical aid for employment law practitioners, employers, employees, trade union officials, and HR professionals alike. The authors examine in detail practice and procedure before the Workplace Relations Commission and the Labour Court, as well as in the ordinary courts, in all employment matters, both civil and criminal. The final part of the book comprises an examination of the principles of fair procedures in internal grievance and disciplinary proceedings. It deals with such matters as employee rights, investigations, notices and warnings, among others. This title is included in Bloomsbury Professional's Irish Employment Law online service.

Full Product Details

Author:   Anthony Kerr (University College Dublin, Ireland) ,  Cathal McGreal (Bar of Ireland, Ireland) ,  Kevin Roche (Bar of Ireland, Ireland)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Bloomsbury Professional
ISBN:  

9781526536075

ISBN 10:   1526536072
Pages:   360
Publication Date:   19 March 2026
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Forthcoming
Availability:   To order  

Table of Contents

CHAPTER ONE: PRACTICE AND PROCEDURE BEFORE THE WORKPLACE RELATIONS COMMISSION AND THE LABOUR COURT Introduction The Workplace Relations Commission Presentation of Complaints Amendment of Complaint Form Submissions Hearings Postponement/Adjournment Applications Dealing with a Complaint by way of Written Submissions Dismissal of Complaints Time Limits Extension of Time Power to amend decision/grant leave to institute proceedings Appeals to Labour Court Procedure for Appeals Withdrawal of Appeal De Novo Hearing Conduct of Hearings Time Limits Power to amend decision Representation Burden of Proof Preliminary Issues Parallel Proceedings Recording of Proceedings Obligation to Provide Reasons Compliance Notices Enforcement of WRC/Labour Court Decisions References to the High Court References to the Court of Justice Notification of Revenue Commissioners/Minister for Social Protection CHAPTER TWO: PRACTICE AND PROCEDURE BEFORE THE ORDINARY COURTS Introduction Justiciability of Employment Rights The District Court Jurisdiction under the Courts of Justice Act 1924 Jurisdiction under the Workplace Relations Act 2015 Discrete areas of jurisdiction Costs of District Court Proceedings The Circuit Court Jurisdiction under the Courts (Supplemental Provisions) Act 1961 Appeals from the District Court Case Stated Procedure Statutory Employment Law Jurisdiction The High Court Initiation of proceedings Interim/Interlocutory Relief Common law action for breach of a gender equality/equal remuneration clause Declaratory Relief Appeals from the Circuit Court Judicial Review Participation of the Workplace Relations Commission / Labour Court in judicial review proceedings Statutory appeals and references from the Labour Court Statutory High Court Jurisdiction Costs in Statutory Appeals The Court of Appeal Cases Stated The Supreme Court Extensions of Time Preliminary References Criminal Law Initiation of criminal proceedings CHAPTER THREE: FAIR PROCEDURES IN EMPLOYMENT LAW Introduction Internal employment proceedings not a court of law Procedural skirmishes and the integrity of the decision The most important principles of fair procedures Audi Alteram Partem The right to be informed of the allegation Imprecision in stating the charge The right of access to witness statements Reducing the allegation or complaint to writing The right of access to relevant material Hearings, oral hearings and rehearings by way of appeal Cross-examination The right to be accompanied or represented The right to legal representation No right to silence The right to a hearing before an impartial, or unbiased, adjudicator Consistency Proportionality Standard of Proof Informality, privacy and confidentiality Investigation stage, hearing stage and intermediary stages Relevant and appropriate evidence, factors or circumstance Delay, suspension and the onus of activation Prior notice Notices and warnings of when and how disciplinary action may arise Warnings and notices in specific cases Warnings placed on disciplinary record Conclusion APPENDICES Labour Court Rules 2024 SI No 275 of 2006 (as amended) RSC Order 105 (as amended) RSC Order 106 (as amended) SI No 146 of 2000

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Author Information

Anthony Kerr SC is a practising barrister and Adjunct Professor at the Sutherland School of Law in University College Dublin. He specialises in, and has written extensively on, employment law. Cathal McGreal is a practising barrister who specialises in criminal and employment law. Kevin Roche is a practising barrister who specialises in criminal and employment law.

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