How to make a submission for your case in the WRC or Labour Court

[@whitechapel979]

Good video Terry. Speaking from my own experience, it can be a daunting process to go up against an employer and any representatives they might have. I'd just like to add the following: 1. There is a lot of leeway for the adjudicators in their interpretation of the law, including how they decide to deal with preliminary issues such as the legislation chosen by the complainant when making their complaint. This can be useful fr lay litigants and can be seen on the WRC Case records/judgements online 2. In cases where no witnesses give testimony, then the case is decided solely on the basis of claims made. As it isn't a court, the complainant and/or respondent are free to lie in their submissions and the case may be decided on these false claims. I believe that this is a major weakness in the WRC process and essentially means that instead of discrete employment rights, what you have are arbitrary employment priveliges. It could also mean having to face the expensive route of going to the Labout Court or higher to get justice. Great videos Terry. Its very useful to get good plain advice about employment rights issues. 👍

[@terrygorry]

Thanks, you make extremely valid points. It can work both ways so sometimes you just need to roll with it. You can always appeal but you should not have to. In general, though, I find the adjudicators fair and knowledgable. And human.

[@agatab8802]

Great content, thank you for that

[@franktrappe4916]

Hi Terry hope your well? You have a course on how to carry out a disciplinary investigation. Would you consider doing one on how to do a submission to the WRC and or Labour Court. Appeal etc. Or could you recommend a good book 📖 on how to write ✍ them.

[@terrygorry]

Thinking of making a course, Frank 👍

[@finbarrnangle6794]

Terry does the employee not just need to establish a premia facia case on the face of it . Then the burden of proof switches to the employer in discrimination cases and unfair dismissal. Except constructive dismissal burden of proof is on employee.

[@terrygorry]

No, it is not that simple. The employee may establish the burden of proof, for example in a discrimination case, and the burden shifts to the employer. But the employer may successfully defend the case and successfully discharge said burden. You must still prove your case. Shifting the burden is only one part of it. Employee does not have to shift the burden in an unfair dismissal case as this is on the employer. But the employer may well prove "substantial grounds" for the dismissal.

[@finbarrnangle6794]

@@terrygorry It seems almost impossible to prove a discrimination case on the 9 grounds. Interestingly you can't say you were discriminated against because you were more qualified and experienced.

[@terrygorry]

@@finbarrnangle6794 It's not that difficult, I have had 2 excellent results in the last 12 months or so in discrimination cases. One of them led to an award of the maximum 2 years salary; the other has been in the national media in the last week www.rte.ie/news/business/2021/0812/1240508-credit-union-to-compensate-man-over-car-draw-ban/

[@deanhart9275]

Up on the 12th July and feel lost!😢😮

[@davidhoward2007]

Just bring all your evidence