If an Employer/Respondent (Employer) fails to carry out a decision of an Adjudication Officer of the Workplace Relations Commission, or a decision of the Labour Court arising from an appeal of an Adjudication Officer's decision, within the prescribed time, an application may be made to the District Court for an order directing the Employer to carry out the decision. The application can be made by the following:
- The Employee/Complainant (or legal representative on their behalf)
- A Trade Union, with consent of employee, or
- An excepted body of which the employee/complainant is a member.
In the case of an Adjudication Officer’s decision, the application to the District Court can be made after a period of 56 days has elapsed from the date the decision was issued to the parties. A period of 42 days must have elapsed from the date the Labour Court decision was issued to the parties before the application can be made in respect of that decision.
The application must be made to a judge of the District Court in which the Employer/Respondent concerned ordinarily resides. A list of all District Court Offices is available on the Court Services website under ‘Contact Us’ (Link Here)
The Workplace Relations Commission has discretion, having regard to resources, capacity available, cost and the particular circumstances of a case, to accept a request to make an application to the District Court on behalf of the Employee/Complainant. In exercising that discretion regard is had to the matters set out in the Criteria For Enforcement which is contained in the Guidance Notes to the Application Form for making such requests.
If you consider that you satisfy these criteria you should make your request to Workplace Relations Commission, Enforcement Services, O'Brien Road, Carlow using the Form provided below. The request will then be considered in the light of the information provided on the form and the criteria referred to above. The fact that the Commission might not be in a position to make the application on your behalf, does not alter the fact that the application may be made by you, your trade union, or other excepted body of whom you are a member.
Enforcement of Decisions/Recommendations arising from Complaints presented before 1st October, 2015
The enforcement of complaints or disputes presented or referred to a Rights Commissioner, the Employment Appeals Tribunal or the Equality Tribunal before 1st October, 2015 are governed by the law which existed before the commencement of the Workplace Relations Act 2015. Depending on the area of legislation under which the complaint was presented, either the Employment Appeals Tribunal or the Labour Court may, on application by the employee, confirm the original decision. The forms to be used in relation to such applications to the Labour Court or Employment Appeals Tribunal are available in the Complaints, Appeals and Enforcement section of the Publications Page.