The Workplace Relations Commission (WRC) is an independent, statutory body which was established on 1st October 2015 under the Workplace Relations Act 2015. As an independent body I have no involvement in its day to day running. The WRC has responsibility for information provision, workplace advice, mediation, conciliation, adjudication, inspection and enforcement in relation to employment rights, equality and equal status matters and industrial relations.
The procedures for dealing with complaints of breaches of the Equal Status Act, set in place by the Equality Tribunal, have been largely undisturbed since the establishment of the WRC.
Section 21 of the Equal Status Act, 2000 requires the complainant to notify the respondent in writing of the allegation of discrimination within two months of the last occurrence. This notification period can be extended for reasonable cause or in exceptional circumstances may be dispensed with. The WRC provides a form on the website to assist complainants in notifying respondents and also provides a form for respondents to reply. The requirement to notify the respondent prior to lodging a complaint to the WRC has not changed with the establishment of the WRC. There is no requirement in the legislation or under any procedures used in the WRC which obliges the complainant to attempt a resolution with a service-provider.
Once a complaint is lodged with the WRC the parties may be offered mediation. In this regard, in addition to legal representatives who can advise and represent complainants, there are bodies that can provide support to persons who are contemplating bringing a complaint usually on a no fee basis.
