This case is an appeal to the High Court brought by a software company against a decision by an Adjudication officer of the Workplace Relations Commission (WRC).   An award of €129,000 compensation to a former employee of the company was ordered due to a complaint regarding the company’s redundancy policy and a further complaint of unfair dismissal.

The action was taken by the software company, who claimed the finding against it was made in error, because the Adjudication Officer assigned by the WRC to hear the case never heard any evidence from witnesses.

During the High Court hearing, the Appellant claimed the Adjudication Officer who determined the dispute, had heard an outline of the case by the parties' representatives in August 2021. During that WRC hearing, the Adjudicating Officer was allegedly told that there would be evidence from three witnesses, and those persons would be cross-examined. The Appellants submitted that no further hearing of the dispute was listed, nor took place.

The Appellant claimed this was "a fundamental error" by the WRC and the Adjudication Officer and has sought to immediately have the decision set aside and a new officer assigned to hear the case.

The High Court heard the WRC accepted that the decision was issued in error, and said it was prepared to have the matter reheard.

The Respondent employee's lawyers argued they did not agree with that course of action, and wanted the matter to go before the Labour Court by way of appeal. As a result, the Appellant company brought a High Court judicial review action against the WRC, where it seeks an order quashing the decision which was issued on July 19th.

The Respondent company also sought orders that the dispute be remitted back to WRC for a fresh hearing to be heard by a different Adjudication Officer. Further, the Respondent company seeks declarations,  including that the decision was irrational, and in breach of constitutional and natural justice.

The High Court granted the Appellants permission to bring its challenge and the matter will return before the court in October.