Lodging Claims in the WRC – The difficulties with the Claim Form.
In case ADJ00011062 an issue arose as to the fact that the legal representative of the employee had difficulty with the drop down boxes on the online form.
The Adjudication Officer rightly held that this was not a reason to extend time.
Where anybody has a difficulty with the online form it should be remembered that this is not a statutory form. The reason that it is not a statutory form is for the simple fact that the Workplace Relations Commission; at various stages have not had all the relevant complaint provisions on their form. For example, for a period of time claims under the Protected Disclosure Act were not included on the form. In the past issues under SI 36/2012 was absent from the form for a considerable period of time and submissions had to be made to the WRC to get it included. So how, should a Solicitor, seeking to lodge a claim, deal with matters where there is a difficulty with the drop down box. It is very simple. You complete the form as best you can. Then if there is a particular Act or issue which you cannot find the box for you write out the relevant claim on a piece of paper. You print off the form online. You attach the additional complaint quoting the relevant Act the claim is being brought under and you send the entire lot by post to the Workplace Relations Commission O’Brien Road Carlow and at the same time you scan the documentation and send it to firstname.lastname@example.org.
The reason that we do not have a Statutory Form of course is the fact that the Workplace Relations Commission is terrified that if they had a statutory form that they could then be sued if they did not keep it up to date. In addition it would of course mean that every time a new piece of legislation was passed into law a new form would have to issue with the new Statutory Instrument.
The Workplace Relations Commission wants people to use the online form. Unfortunately the form is not user friendly. It is not always up to date. For that reason this office never uses the online form.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
**In contentious cases, a solicitor may not charge fees or expenses as a portion or percentage of any award of settlement.