Test case to determine if workplace dispute procedures are constitutional

Counsel for the complainant urged the court to find the WRC procedures are “fundamentally flawed”

The core issue is whether the procedural mechanism established under the 2015 Act for resolving employment disputes involves the "administration of justice" under Article 15 of the Constitution, with the effect disputes cannot be decided by the Workplace Relations Commission (WRC) and are reserved for judges. File image

A seven-judge Supreme Court is hearing an important appeal over the constitutionality of new procedures for determining workplace disputes.

The appeal by Tomasz Zalewski over the treatment of his complaint alleging unfair dismissal from his job is regarded as a test case concerning the constitutional validity of procedures under Part V of the Workplace Relations Act 2015.