Recognising when to stay quiet

One of the most important rules you can understand about cross examination is understanding and recognising when to stop asking questions. Just sit down. The same principle applies in relation to legal arguments or submissions in Court or at the WRC or any other venue where you are trying to win your case. There comes… Continue reading Recognising when to stay quiet

One of the advantages (and disadvantages) of the WRC complaint handling system

One of the advantages of the Workplace Relations Commission complaints handling system is the ease with which an employee can submit a claim. There is no cost involved and filling out an online complaint form is all that is required to get a claim in the system. This can be a problem for employers because… Continue reading One of the advantages (and disadvantages) of the WRC complaint handling system

Why settle?

It can be funny when you see the reaction of an employee who has been brimming with confidence when the submission of the employer lands in my email inbox. The employee immediately panics and wants me to look for a deal. Many employees fail to recognise that in every dispute or conflict you will have… Continue reading Why settle?

The accrual of annual leave: EU law influences WRC decision

I came across an employment case during the week that was a bit of an eye-opener. It was to do with a claim for unpaid annual leave. Nothing unusual there. But the claim went back to the beginning of the employment-over 3 years-and the adjudicator made an award for all years. The surprising point about… Continue reading The accrual of annual leave: EU law influences WRC decision

Evidence and one of the skills of the legal professional

One of the things I encounter regularly when preparing for a WRC hearing is my client sending me irrelevant, unhelpful information which they believe is evidence. Often, if I was to introduce this so-called evidence it would damage my client’s case. The distinguishing feature between a good legal professional when it comes to the presentation… Continue reading Evidence and one of the skills of the legal professional

Self-representing employees and imminent WRC hearings

I am frequently contacted by employees who have submitted a Workplace Relations Commission claim and the hearing is imminent. They are looking for representation and/or advice. It’s too late from my perspective, and I cannot help them. Getting ready for a WRC hearing is a time consuming and demanding task. It involves the preparation of… Continue reading Self-representing employees and imminent WRC hearings

The most demanding part of a WRC hearing

The most demanding part of a WRC hearing, if you are acting for a client or even arguing your own case, is listening to the evidence of the opposing witness(es). There are many parts of the hearing, including your submission and your direct examination of your own client(s), that can be prepared in advance. But… Continue reading The most demanding part of a WRC hearing

Mount Street, Ireland, 2024

It’s only when you walk up Mount Street that it strikes you. The tents. Tents everywhere. On the footpath, in all the side streets, near the International Protection Office. I was walking out to the Workplace Relations Commission in Ballsbridge yesterday and walked past these tents. It is hard to believe this has been allowed… Continue reading Mount Street, Ireland, 2024

Attending WRC hearings in person-a rethink is in order?

Today is day 2 of a WRC hearing I am involved in, the first day having taken place back in June 2023. It is possible that it will go for a further day after day but I certainly hope not. I am beginning to consider carefully the wisdom and cost effectiveness of me personally running… Continue reading Attending WRC hearings in person-a rethink is in order?