Representation at Hearings

Parties are not required to have any representation at Labour Court hearings and may choose to represent themselves.

Where a party wishes to be represented at their employment rights hearing by a person other than themselves, they may be represented as provided for by Section 44(9) of the Workplace Relations Act 2015, and reflected in Labour Court Rules No. 46. Such representation typically involves a solicitor and/or barrister, a trade union official or an official from an employer representative body.

Representation at industrial relations hearings is, however, a significantly different matter.

As no issues of law arise in industrial relations cases and no rights or obligations are being determined, representation by solicitors and barristers is not an entitlement and requires the consent of the Court. Typically, representation at industrial relations hearings is provided by trade union officials, employer body representatives or other industrial relations professionals.

Where a party wishes to have legal representation at an industrial relations hearing, then, as provided for at Section 20(6) of the Industrial Relations Act 1946 and Labour Court Rules No. 82, consent should be sought from the Court. This should be done in advance of the hearing.

Industrial relations matters are very rarely of a kind such that legal representation ought to be permitted. Therefore, outside such rare occasions, consent for representation by a solicitor or barrister will normally be granted by the Court on the basis of permitting professional representation, as opposed to strictly legal representation.

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