High Court dismisses challenge to WRC procedures

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The High Court dismisses constitutional challenge to the procedures of the Workplace Relations Commission

The case arose when claimant Tomasz Zalewski took a case to the WRC after his employer Buywise Discount Store Ltd., dismissed him from his post as a supervisor.

When the parties arrived, they were informed that a decision had already been issued in respect of the claim, and that the hearing date had been scheduled "in error". The decision is dated 16 December 2016, although the parties were told on 13 December that the decision had already been made. Mr Zalewski argued that the flaws in how his case was handled were indicative of a "systemic or structural failing" in the operation of the WRC adjudication process.

Dismissing Mr Zalewski's case, Mr Justice Simons ruled that the WRC lacked the ability to enforce its own decisions, which he described as "one of the essential characteristics of the administration of justice."

Source: Law Daily Report (lawdailyreport.net)

 

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