Zalewski v Adjudication Officer & Ors 2019
Decision Number: IESC 17 Legal Body: Irish Supreme Court
Published on: 10/04/2019
Article Authors The main content of this article was provided by the following authors.
Lisa Devanny Employment Law Solicitor at ESB
Lisa Devanny Employment Law Solicitor at ESB
Lisa devanny

Former roles in firms such as Ogier, Eversheds Sutherland and Eugene F Collins.

Background

 On 20 March 2019, the Supreme Court held that Mr. Tomasz Zalewski has the requisite locus standi to pursue his constitutional challenge in relation to certain provisions of the Workplace Relations Act 2015 and the Unfair Dismissals Act 1977, as amended. Mr. Zalewski’s constitutional challenge will now proceed in the High Court.

Mr. Zalewski’s challenge relates to the constitutionality of the following procedures of the Workplace Relations Commission (the “WRC”):

  1. an adjudication officer is not required to have any particular qualification (and, in particular, no legal qualification). Mr. Zalewski contends that a court should determine any such claims;
  2. an adjudication officer is not permitted to take evidence under oath. Mr. Zalewski contends that this is in breach of

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 10/04/2019
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