The Workplace Relations Commission Annual Report (the “Report”) highlights the key achievements, ongoing challenges and emerging trends in employment claims in Ireland.
In this article, we consider some key highlights from the report.
1. Adjudication – Increase in complaints
In 2024, the Workplace Relations Commission (the “WRC”) received 7,316 complaint applications, representing an 18% increase in complaint applications since the previous year.
Of the 7,316 complaint applications received:
- 27% (3,995) related to Pay issues;
- 15% (2,285) related to Unfair Dismissals; and
- 14% (2,063) related to Discrimination, Equality and Equal Status.
The Report notes that 4,779 hearings were concluded in 2024, an increase of 6% since 2023. Further to this, the WRC expressed an emerging pattern in relation to adjudication hearings, noting that hearings are now taking longer due to the increased complexity of cases and the late lodgement of submissions. This is something employers should be mindful of in terms of timing and legal costs. Of the 2,712 Decisions/Recommendations issued by the WRC in 2024, 16% were appealed to the Labour Court. The WRC stated that the number of appeals is considerably low in the context of the number of complaints received.
Notably, there was a 44% increase in referrals being brought under the Equal Status Acts 2000, with 615 referrals being cited in 2024.
2. Inspections - Majority of employers in compliance
The WRC Inspection services promote, encourage and enforce compliance with a range of employment legislation. Inspections are carried out by appointment or can be unannounced. Inspections are focused on sectors where a risk of non-compliance has been identified or where previous non-compliance has been detected. There were 5,156 inspections in 2024, with 2,108 found to have contraventions of employment law and €2.15 million recovered in unpaid wages. The majority of employers inspected are compliant or become compliant during the inspection process. Of the 175 prosecutions undertaken following the inspection, 141 cases resulted in successful outcomes.
3. Active role of Conciliation, Advisory and Mediation Services (“CAMS”)
CAMS through its Conciliation Service continued to play an active role in 2024, assisting parties in the resolution of challenging industrial relations conflicts. There were 621 referrals for conciliation in 2024, with 56% of disputes related to private sector employers and 44% related to public sector employers.
3.1 Mediation
The WRC provides two distinct forms of mediation:
- Pre-Adjudication Mediation, and
- Workplace Mediation.
3.1.1 Pre-Adjudication Mediation
Since 2022, the WRC has offered a “late request” mediation service on a pilot basis. The purpose of this is to provide parties who have an approaching adjudication hearing a facility to access mediation without postponing the scheduled hearing date. In the event that the mediation is unsuccessful, the adjudication hearing will go ahead as planned. In circumstances where there were 34 cases where both parties agreed to participate (between January and July of 2024), there was a 56% resolve rate, indicating this service had somewhat of a positive impact on resolutions. Late request mediation was paused for the second half of 2024 due to staffing restraints within the WRC but it is intended to recommence during the course of 2025, subject to vacancies being filled.
The Report highlights the continued growth of the use of mediation services. A total of 894 mediations took place in 2024, with a 14% increase as compared to 2023. The Report notes that this is possibly as a result of the Supreme Court decision in the Zalewski case[1] in 2021; more familiarity and trust in the service by employer and employee representatives; and due to the change in delivery of service following COVID-19 to more in-person mediations.
The figures show that 526 complaints were resolved by way of mediation in 2024 and an additional 427 complaints were withdrawn prior to adjudication after parties had availed of mediation services. As such, this resulted in a 59% increase in mediation resolutions in 2024, up a staggering 56% from 2023. It is clear from the Report that not only are mediation services being used but that this is a successful form of resolving claims.
3.1.2 Workplace Mediation
This form of mediation is a non-statutory service provided by the WRC on an ad hoc basic and subject to resources. It typically accommodates disputes involving individuals or small groups of workers. A total of 25 workplace mediations took place in 2024.
4. What this means for your Business
The Report highlights that employer inspections, the number of complaints, and the amount of unpaid wages recovered are on the rise.
Mediation clearly continues to be advantageous for both employees and employers. It remains an extremely helpful way of resolving matters in a cost-effective manner as well as avoiding public hearings. Employers are encouraged to consider this option for early resolution on receipt of a claim.
With discrimination / equality / equal status, pay and unfair dismissal being the top types of complaints, employers should prudently consider and review their policies, procedures and cultures in order to defend against any future complaints. Ongoing training for employees regarding unacceptable behaviour is valuable and duly recommended.
With the eComplaint Form launched in September 2024, the WRC increased its accessibility for users to make complaints, which indicates that the rise in employment complaints is likely to continue.
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Matheson's Employment, Pensions and Benefits Group is available to guide you through navigating employment law claims in Ireland, so please do reach out to our team or your usual Matheson contact.
[1] Tomasz Zalewski v The Workplace Relations Commission, an Adjudication Officer [Y], Ireland and the Attorney General [2021] IESC 24