New Postponement Guidelines WRC
Postponing Guidelines for WRC (Workplace Relations Commission) Cases
Sometimes cases are listed for hearings at the Workplace Relations Commission tasked with the resolution of employment disputes but one party cannot attend for an unforeseen circumstance.
If you wish to know more information about the Workplace Relations Commission there is a post on our website about it.
If you have a case listed for hearing at the Workplace Relations Commission, the WRC has published new guidelines about case Postponements and this post outlines the test to pass in order for the WRC to permit postponement.
It is important to note that all documents used to support any application to postpone a hearing date, must be provided to the postponement section of the WRC.
For example, if one party in a case receives a hearing date, however, they are out of the country on the hearing date, then flight ticket details etc. will have to be provided to the WRC to apply for a case hearing postponement.
If one of the parties in the case makes the postponement application within 5 days of receiving the letter regarding the hearing date, then a postponement will automatically be granted by the WRC.
Each party in the case can only make one postponement application per case.
The Test
The current test regarding whether the WRC will grant a postponment is ‘’exceptional circumstances and substantial reasons’’.
This could be for ill-health, unavoidable unavailability or for various other substantial reasons.
Can the Refusal to Postpone get Reviewed ?
Yes, however the applicant will have to attend in person at the WRC in Landsdowne House to bring their application on Tuesday mornings.
DISCLAIMER
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
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