Workplace Relations Commission Annual Report 2023

The report acts as a reminder to employers of the risks that exist when managing conflicts and disputes in the workplace. We reflect on a few of the key highlights below.

In 2023, the WRC received 6,172 complaint applications, representing 14,158 individual complaints. Whilst the complaint applications decreased slightly by 1% when compared to 2022 figures, the specific, individual complaints increased by 11%.

Of the 14,158 individual complaints:

• 3,662 (26%) related to pay – remaining consistent with the 2022 figures;
• 1,875 (13%) related to unfair dismissal – a significant increase of 21% in comparison to 2022;
• 1,817 (13%) related to discrimination, equality and equal status – remaining stable with 2022. Of these cases, 71% related to Employment Equality; and
• 1,554 (11%) related to working time – a 6% increase compared to 2022.

Most notably, there was an increase in relation to complaints under Schedule 2 of the Protected Disclosures Act 2014 (the “2014 Act”) of 201% compared to 2022. This corresponds with the significant widening of the scope of the 2014 Act, at the beginning of 2023.

4,765 Adjudication hearings were concluded in 2023, an increase of 12% in comparison to 2022. The split between in person hearings and remote hearings remained the same in 2023, with 70% of hearings taking place in person, and 30% taking place remotely. There was an increase of 13% in hearings scheduled when compared to 2022, with 8,550 hearings offered – amounting to 170 per week.

The WRC issued 2,951 decisions/recommendations in 2023, 11% of which were appealed to the Labour Court. 54% of these appeals were upheld (176), 22% were varied (68), 23% were overturned (75) while the remainder were out of time.

Referrals under the Employment Equality Acts 1998-2021 (the “Acts”) remain particularly topical, despite a decrease of 15% since 2022. Within the 1,045 referrals under the Acts, disability, gender and race were the top three grounds cited. The most notable increases were the grounds of sexual orientation (135%) and race (64%). The 2022 spike in complaints related to age discrimination reduced by 66% this year, however employers must remain vigilant in this area, particularly in light of the Employment (Restriction of Certain Mandatory Retirement Ages) Bill 2024 (the “Bill”). As it is currently drafted, the Bill would allow (but not compel) employees to continue working until the current State pension age of 66.

The Minister of State for Employment Affairs and Retail Business, Emer Higgins, highlighted the success of the WRC in recovering unpaid wages for workers in 2023 – “The WRC continues to play an important role in terms of a level playing field across the economy for companies and employees, ensuring employment rights are upheld for all. Recovering almost €2 million in unpaid wages in 2023, the WRC is playing a crucial role in this regard.

Throughout 2023, the WRC Inspectorate carried out 6,519 workplace inspection visits, with a particular focus on sectors including Fisheries, Road Transport, Construction, Agriculture, and those on the National Minimum Wage. A total of 4,727 inspections were completed, providing for the recovery of €1.95m in unpaid wages.

Finally, mediation remains a popular alternative to adjudication hearings, evidenced by an additional 127 mediations in 2023 when compared to 2022. This represents a 19% increase in mediations and shows how the service continues to be a useful tool for employers in resolving employment disputes.

How might this impact your Organisation?

2023 was the year when the WRC saw its first full year of normal services since 2019, and the Courts and Civil Law (Miscellaneous Provisions) Act 2023 (the “2023 Act”) removed the default position of the WRC in favour of remote hearings. The WRC has confirmed that it is adjusting its policy on objections to remote hearings, to reflect the 2023 Act and the changed socio-legal circumstances post-pandemic where remote and hybrid hearings remain an option when the interests of justice and fairness point in their favour. However, as with 2022, the vast majority of hearings in 2023 were held in person, and it therefore appears that the WRC has maintained its view that face-to-face interaction remains the most effective and efficient method of achieving resolution for everyone involved.

The year-on-year increase in parties willing to engage in mediation is a positive one for employers. The impact of Zalewski v The Workplace Relations Commission, an Adjudication Officer and the Attorney General (2021) means that, amongst other things, members of the media can attend hearings, and this can result in negative PR effects for an organisation. When a matter is settled at mediation, the outcome of the matter will be kept private.

Finally, the WRC undertakes the significant role of providing guidance to employers and employees in relation to compliance, through Codes of Practice. We continue to see Adjudicators place significant emphasis in hearings on these Codes of Practice. Notably, over the course of 2023 the WRC prepared the Code of Practice on the Right to Request Remote / Flexible Work (the “Code”), publishing the Code earlier this year. We will no doubt see the Code feature in WRC proceedings over the next few years and employers should therefore familiarise themselves with these Codes of Practice and ensure their policies are aligned.