Institutional Reform in Employment Law
Institutional Reform in Employment Law
This assignment is based on Irish law.
Sylwia Lituaviciute worked for 11 months for Bestdealz Stores during which time she claims she was discriminated against on the basis of race. After having raised complaints twice with her employer she herself was dismissed on the basis of incompetence. According to Sylwia her employer never raised any issues about her competence with her prior to her raising complaints about discrimination. She took her case to the Workplace Relations Commission claiming discriminatory dismissal.
Her hearing was extremely brief. It lasted in its entirety approximately 10 minutes. The adjudication officer accepted written submissions from both sides. Sylwia was never given an opportunity to cross-examine her employer with respect to their allegations of incompetence which she claims were never raised with her beforehand.
She has now received the adjudication officer’s decision which is that her dismissal was fair. She now seeks your advice with respect to challenging this finding.
Required:
In light of the above statement:
A. Describe the process by which a party can take a case before the Workplace Relations Commission, the manner in which a hearing takes place and where a dissatisfied party may go by way of appeal.
(30 marks)
B. Compare and contrast this system with the system of any other jurisdiction of your choice.
(25 marks)
C. Sylwia wishes to appeal the determination of the Adjudication Officer. Advise Sylwia as to how she might proceed, what grounds will she base her appeal on and her likelihood for success.
(15 marks)
