Authorisation to conduct hearings remotely has been granted to the Workplace Relations Commission through the signature of an Order by the Minister for Enterprise, Trade and Employment, Leo Varadkar TD.
Under the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Workplace Relations Commission) (Designation) Order 2020, the Workplace Relations Commission has been granted assignment as a ‘designated body’ for remote hearings.
Up until now remote hearings had been conducted for selected complaints only following consent from parties who were positively disposed to partake in the virtual hearings. Following the enactment of the Order the Commission no longer requires consent from parties to a complaint to schedule remote hearings and are now deemed to have the power to make such arrangements and to adopt such practice and procedures as are necessary to enable the conduct of a hearing by remote hearing.
However there is provision in the Act under Section 31(2) for the designated body of its own volition, or following the making of representations by a person concerned, not to hold the hearing remotely where they are of the opinion that it would be unfair to the person, or would otherwise be contrary to the interests of justice.
Disclaimer – The information in this section is provided for reference purposes only to assist Employers with the government protocols and guidance and must be read in that context and should not be used for or interpreted as a legal definition of any of the information provided. Some of the information provided is per information published on the government websites at www.gov.ie, www.workplacerelations.ie. Professional advice should always be sought before making any such decisions.