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What Employment Law Solicitors Actually Do at a WRC Hearing
What Employment Law Solicitors Actually Do at a WRC Hearing
What happens before, during and after a Workplace Relations Commission hearing, and how employment law solicitors prepare and represent employers and employees.
Most people who engage employment law solicitors ahead of a Workplace Relations Commission (WRC) hearing have never seen one prepared or run a case before, and it is not always clear what representation actually involves beyond someone attending on the day.
In practice, the work of employment law solicitors is concentrated far more heavily in preparation than in the hearing itself, and understanding what that preparation looks like is often the difference between a well-presented case and one that simply turns up.
This guide sets out what Cork employment law solicitors actually do, from the point of instruction through to the hearing and beyond.
If you are preparing for a WRC hearing, as an employer or an employee, Green & Associates Solicitors can assess your case and advise on representation, with no obligation. Get in touch or call 021 470 8570.
Before the Hearing: Case Assessment
The first task of any employment law solicitor is an honest assessment of the case, not simply agreeing to run it as instructed. This includes:
Review the Complaint or Response
Reviewing the complaint form or the response, depending on which side is being represented, against the facts of the case.
Identify the Legal Test
Identifying the specific legal test the adjudication officer will apply, since this varies significantly between unfair dismissal, discrimination, and pay-related complaints.
Assess the Strength of the Case
Giving a realistic view of the likely outcome, including where the case is genuinely strong, genuinely weak, or somewhere in between.
Why This Stage Matters
This stage shapes every decision that follows, including whether to proceed to a full hearing at all, or whether a negotiated settlement is the more sensible route.
Reviewing and Organising the Documentary Evidence
WRC hearings are decided substantially on the documentary record. Employment law solicitors typically:
Review Disclosure
Request and review disclosure of the evidence the other side intends to rely on.
Identify Gaps
Identify gaps in the existing record, such as missing disciplinary documentation, incomplete meeting notes, or unclear correspondence.
Build a Chronology
Organise the evidence into a coherent chronology so the adjudication officer can follow the sequence of events clearly.
Identify Difficult Documents
Flag documents that could be unhelpful, so the client understands how they may be interpreted before the hearing, not during it.
Preparing a Written Submission
Before the hearing, a written submission is generally prepared, setting out the legal and factual basis of the case.
The Purpose of the Submission
A well-prepared submission gives the adjudication officer a clear framework for understanding the case before oral evidence is even heard.
Preparing Witnesses
Witnesses, including the client themselves, are rarely familiar with giving evidence at a hearing. Employment law solicitors typically:
Explain the Hearing Format
Explain the format of the hearing, including how questioning works and what to expect from cross-examination.
Review Evidence for Clarity
Review the witness’s own evidence for clarity and consistency, without coaching the substance of what they will say.
Prepare for Likely Questions
Identify likely lines of questioning from the other side, so witnesses are not caught off guard by unexpected questions.
Witness preparation is one of the most underestimated parts of the process. A witness who understands the format of the hearing generally presents far more credibly than one experiencing it for the first time with no guidance.
At the Hearing: Structuring and Presenting the Case
On the day, an employment law solicitor typically:
Opens the Case
Outlines the issues and the order in which evidence will be presented.
Examines the Client’s Witnesses
Examines the client’s own witnesses, drawing out the relevant evidence in a structured way.
Cross-Examines the Other Side
Cross-examines the other side’s witnesses, testing their account and identifying inconsistencies where they exist.
Raises Legal Arguments
Raises legal arguments and objections where appropriate, including preserving points that may be relevant to a later appeal.
Makes Closing Submissions
Summarises the case and applies the law to the evidence as it emerged during the hearing.
After the Hearing
The involvement of an employment law solicitor does not necessarily end once the hearing concludes. Depending on the outcome, this can include:
Advising on the Decision
Advising on the decision once issued, including what it means in practical terms.
Appeal Advice
Advising on appeal options, where certain WRC decisions can be appealed to the Labour Court within the applicable time limit.
Compliance
Advising on compliance with the decision, from either side, including timelines for payment of any award.
What This Looks Like From Each Side
For an Employer
Representation typically focuses on demonstrating that a fair process was followed, that the decision taken was reasonable in the circumstances, and that the documentary record supports this account clearly and consistently.
For an Employee
Representation typically focuses on establishing the facts giving rise to the complaint, demonstrating the impact of the employer conduct, and, in claims involving financial loss, presenting clear evidence of that loss and of reasonable efforts made to mitigate it.
In both cases, the underlying work is broadly the same: turning the facts of the case into a clear, well-supported account that withstands scrutiny at hearing.
Why the Preparation Stage Matters More Than the Hearing Itself
Much of what determines the outcome of a WRC hearing is decided before the hearing even begins.
Gaps in documentary evidence, unprepared witnesses, and a submission that does not correctly frame the legal issues are all far harder to fix once a hearing is underway than in the weeks beforehand.
This is why engaging employment law solicitors early, rather than shortly before the hearing date, generally produces a materially stronger case.
Preparing for a WRC Hearing?
Whether you are an employer or an employee, early preparation can make a significant difference to how your case is presented. Green & Associates Solicitors can assess your case and advise on representation.
Contact Green & Associates SolicitorsFrequently Asked Questions
Do I need employment law solicitors for a WRC hearing?
What is the difference between preparation and representation at the hearing?
How far in advance should I contact employment law solicitors before a hearing?
Can employment law solicitors help before a complaint is even lodged?
What happens if new information comes up during the hearing?
Can a WRC decision be appealed?
About Green & Associates Solicitors
Green & Associates Solicitors are Cork employment law solicitors representing both employers and employees at WRC hearings, from initial case assessment through to preparation, representation, and advice on any subsequent appeal.
For related reading, see our guides on settlement agreements versus going to the WRC .
Need Advice About a WRC Hearing?
If you have a WRC hearing coming up, as an employer or an employee, Green & Associates Solicitors can assess your case and advise on representation, with no obligation.
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