The Workplace Relations Commission (WRC) is independent in the exercise of its quasi-judicial function, and I have no direct involvement in its day-to-day operations. However, I am informed of the following.
Disability discrimination cases typically come before an Adjudication Officer under the Employment Equality Acts 1998-2015, which prohibit discrimination in the workplace and in employment-related areas, and the Equal Status Act 2000-2018, which prohibit discrimination in the provision of goods and services.
Adjudication Officers hold various educational and professional qualifications and come from a variety of professional backgrounds. All Adjudication Officers appointed by the Public Appointments Service are required to complete a Certificate in Workplace Adjudication (QQI Level 8), a private course commissioned by the Workplace Relations Commission, which is currently administered and delivered by the National College of Ireland. Modules on the Employment Equality Acts and the Equal Status Acts are part of the curriculum.
Adjudication Officers also undertake further relevant educational development and dedicated training courses, including in equality law. The WRC’s Legal unit keeps Adjudication Officers informed of relevant legal and legislative developments. Continuous professional development meetings are held on a regular basis and have included contributions from professionals working in the equality sector and from specialist equality bodies and disability rights organisations. Indeed, the next scheduled training day has a specific focus on equality matters. The WRC maintains a legal library and Adjudication Officers have access to this legal library and to the legal database on www.westlaw.ie.
The WRC complies fully with its obligations under the Disability Act 2005 and Irish Human Rights and Equality Commission Act 2014 in relation to the provision of its services and ensuring accessibility for persons with disabilities; equality is promoted and access for persons with disabilities is provided wherever practicable. The WRC has a nominated Access Officer to facilitate access requests and who can arrange particular assistance for persons with disabilities.
Adjudication Officers are experienced in adapting and making accessible hearings for persons with disabilities and according to a party’s needs, wherever practicable and appropriate. The Equal Treatment Bench Book, published by the Judicial College in the UK, is a highly regarded reference resource aimed at increasing awareness and understanding of the different circumstances of people appearing in courts and tribunals. It is promoted for use by the WRC to Adjudication Officers and is the subject of internal training and information updates for Adjudication Officers as it is a constantly updated and amended document providing information, guidance and assistance for ensuring fairness and equality in legal proceedings. The Bench Book includes chapters on physical disability, mental disability and capacity which contain practical suggestions and guidance for increased participation, reasonable adjustment and effective communication, including communicating with persons who have a mental disability.
