WRC adjudicators say legislation gives them no power to consider merits of decisions made on flexible working requests – only the process followed
Commuters caught in torrential rain in Dublin. People seeking to work remotely are losing out when they take cases against their employers to the Workplace Relations Commission. Photograph: Colin Keegan/Collinshas been described as “toothless”, with one employment lawyer advising his clients they would be wasting their money to pay him to advance claims to the
‘Rome is a fantastic city to live in, but it’s very complicated. It’s a mess of a place. Madrid is clean. Everything works’Technologies Ltd by Alina Karabko. She had filed a request for fully remote working arrangements in July 2023 after TikTok told staff they were required back at its Dublin offices three days a week from October.
In a third case decided in December, a worker at Cognizant Technology Solutions sought a hybrid arrangement which would cap his in-office days at two a week. Javier Osorio told his bosses he needed to balance a work schedule that required him to work from 4pm to 1am liaising with colleagues in Latin America with his duties at home caring for his 10-year-old daughter.
A Department of Enterprise spokesperson said the WRC had received 34 complaints under the legislation to date. Seven were withdrawn without hearing; three were referred to mediation, and the rest are awaiting a hearing date or a ruling. “We are in a tug-of-war situation here between what employers want and what employees want,” she said.
Solicitor Barry Crushell, whose firm specialises in employment disputes, said: “One in 10 of my current inquiries relate to remote working. are being pushed back to the office against their will, and they are seeking clarification on what action or sanction may be taken against them if they refuse.
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