Anonymised Workplace Relations Commission rulings are a ‘shield for employers’

Anonymisation of Workplace Relations Commission (WRC) rulings is a “shield for employers, rather than a shield for employees”, a leading employment lawyer has said.

Dublin solicitor Richard Grogan told Irish Legal News that he did not accept the argument set out by Oonagh Buckley, WRC director-general.

Ms Buckley told The Irish Times that publishing the names of parties in employment disputes would create “a barrier to entry” for workers.

Mr Grogan said: “I don’t necessarily accept that. In fact, I think it has become a shield for employers rather than a shield for employees, because there is no pressure on employers now to seek to settle or get matters resolved - they’re quite happy to let the full case run.

“In addition, unfortunately, we used to have a system in the Labour Court where if a decision of a rights commissioner, for example, which was not publicised, wasn’t implemented, you could go for implementation in the Labour Court where the parties would be named.

“Now, there is no naming of employers who don’t comply with the decision of the adjudication officers, other than having to go to the District Court, which is unlikely to be publicised.”

Mr Grogan also highlighted Ms Buckley’s remarks that some adjudication officers who have worked in predecessor bodies have sought to run a hearing “as if it was a mini-courtroom”.

Mr Grogan said: “I’m not fully sure where that is coming from, but if this is happening and she sees it as an issue, that’s a matter she should be dealing with the adjudicators themselves.

“The adjudication officers should be stopping that because this is supposed to be the exact opposite to being a mini-courtroom.”