Adjudication Officers (Contractor)

A competition is being held to establish a panel of suitably qualified individuals, on a contract for service basis, to act as Adjudication Officers (Contractor) for the Adjudication Service of the WRC, as established under the Workplace Relations Act 2015 (as amended). This Act sets out both the general functions of the Adjudication Officer and its specific function in relation to the provisions of the Act.

Following a competitive selection process, managed by publicjobs, the Minister for Enterprise, Tourism and Employment, will appoint such number of members from the panel recommended by publicjobs, having due regard to:

• The estimated need for such Adjudication Officers;

• The geographic distribution and location of cases that arise;

• The distribution of preferred areas, as nominated by applicants (including the extent of any stated commitment to travel);

• An appropriate mix of qualifications, skills and experience in Employment and Equality Law, Human Resources, and Industrial Relations.

• The provision of adjudication services through the medium of Irish.

A panel may be formed from this competition for future vacancies as they arise. The panel will be in place for a period of two years. There will be no entitlement to be appointed before the expiry of the panel.

Role and Responsibilities

Adjudication Officers of the WRC are statutorily independent in their decision-making duties as they relate to adjudicating on complaints referred to them by the Director General of the WRC.

The role of the Adjudication Officers (Contractor) will be to hear employment rights, equality, equal status and industrial relations cases in the first instance. They will examine evidence and submissions presented by both parties and may also hear evidence from relevant witnesses. The Adjudication Officer (Contractor) will then decide in relation to each complaint submitted for adjudication and will issue reasoned decisions. Cases will mainly be heard in public and the decisions of the Adjudication Officers (Contractor) will be published to a single decisions database hosted on the WRC website. Adjudication Officer decisions are mainly appealable to the Labour Court, or to the Circuit Court in equal status cases.

Successful applicants will have no entitlement to sit on any particular type of case or number of cases. However, where cases are available, Adjudication Officers (Contractor) may generally sit for a maximum of three days per week. This is subject to Adjudication Officer (Contractor) availability and case volume.

Key Duties and Responsibilities

• Carrying out timely, efficient and effective adjudication of complaints referred to them by the Director General of the WRC;

• Managing allocated caseloads effectively and in accordance with stipulated timeframes;

• Considering evidence, researching relevant case law and maintaining a strong knowledge of applicable legislation to support effective hearings and decisions;

• Issuing clear, well-reasoned and legally sound decisions and in line with WRC policy and procedures and legislation;

• Travelling to regional locations, as required, to conduct hearings;

• Providing administrative and case management support, as required from time to time.

Please note: The above is a general guide to the key duties and responsibilities of the role and is not an exhaustive description. Other duties and responsibilities appropriate to the role may be required from time to time.

Location of Hearings

The WRC delivers adjudication services across a number of regional locations throughout the country. Hearings are organised on a regional basis and may take place in WRC offices or, where appropriate, in other venues such as courthouses.

The venues currently used for adjudication services may be subject to change as part of an ongoing strategic review. This review takes account of a range of operational factors, including case volumes in particular areas, the location of Adjudication Officers (Contractor), venue availability and associated costs.

The WRC primarily uses its own offices for the delivery of in-person hearings; however, additional venues may also be used within regions to meet service demand.

While the majority of hearings are scheduled to be delivered in person, the WRC also schedules remote/hybrid hearings where such arrangements are appropriate, having regard to operational and case-specific factors.

Regional Hearing Locations

Hearings are organised on a regional basis and may be scheduled within the regions outlined below. It is important to note that not all counties listed within a region will have dedicated hearing facilities and hearings may take place at selected locations within each region, depending on operational requirements.

• South-West

Cork, Kerry

• West

Limerick, Galway, Clare, Mayo

• South-East

Waterford, Wexford, Kilkenny, Carlow, Tipperary

• East

Dublin, Meath, Louth, Kildare, Wicklow

• North-West

Donegal, Sligo, Monaghan, Cavan, Leitrim, Roscommon

• Midlands

Westmeath, Longford, Laois, Offaly

Candidates should be aware that flexibility is required and hearings may be allocated to any suitable location within a region, including WRC offices or other appropriate venues.

Applicants for inclusion on the external panel of Adjudication Officers (Contractor) will be requested to select regions in respect of which they agree to hear cases. The WRC will endeavour to allocate cases to the Adjudication Officers (Contractor) based on their expressed preference for geographical location. However, should the need arise, the WRC reserves the right to require the Adjudication Officer (Contractor) to hear a case in a different location, where necessary. The WRC will act reasonably in relation to the allocation and distribution of cases should such a requirement arise.

Please Note: The fees referenced below at Principal Conditions for Service are fully inclusive of travel and subsistence expenses. Every effort is made by the Adjudication Scheduling Team to arrange hearings for Adjudication Officers (Contractor) within the region in which they are based. While this may not always be possible, it represents standard practice in most cases.

Provision of Services in Irish

The Official Languages Act 2003 as amended places obligations on the WRC and other public bodies in relation to the provision of services through Irish. Applicants will be requested to indicate if they can provide adjudication services through the medium of Irish.

ESSENTIAL REQUIREMENTS

Candidates must demonstrate, in their application, experience in the following areas commensurate with the role:

• Qualifications and professional expertise

An appropriate qualification such as a degree, third-level diploma, or postgraduate diploma or degree in a relevant discipline, including:

o Employment Law or Equality Law, or

o Human Resource Management, or

o Industrial Relations,

together with relevant, demonstrable applied experience in Employment Law and/or Equality Law. Knowledge of both areas is highly desirable.

• Complementary Professional Experience

In addition to the above, candidates must demonstrate professional experience in one of the following areas:

o Human Resource Management, or

o Industrial Relations.

• Decision-making and fair procedures

Demonstrable experience in applying fair procedures and exercising quasi-judicial or comparable decision-making responsibilities, including the assessment of evidence, consideration of submissions, and the provision of reasoned outcomes. This experience may have been gained in a legal, regulatory, HR, industrial relations or other formal quasi-judicial decision-making context.

• Analytical and evidence-based decision-making skills

Excellent critical analysis skills, including the ability to research, assimilate, interpret, and manage complex information; to analyse and assess complex arguments by reference to evidence; and to apply evidence-based decision-making methodologies, producing sound, impartial, and well-reasoned decisions within required timelines.

• Hearing management and adjudication capability

The ability to conduct hearings competently, impartially, ethically and efficiently; to manage the effective running of hearings; and to demonstrate the personal presence, judgment and professional authority required of an Adjudication Officer.

• Communication and interpersonal effectiveness

Excellent verbal and written communication skills, with the ability to present complex information clearly and concisely, and strong interpersonal skills enabling effective engagement with a broad range of internal and external stakeholders in a complex environment.

• Professionalism and organisational capability

A proven record of methodical and accurate and well organised work, strong judgment and decision-making capability, the ability to function effectively both independently and as part of a team and a commitment to acting professionally, impartially, ethically and with integrity.

• ICT proficiency

Strong competence in the use of information and communications technology, including document creation, email, electronic diary systems and electronic document or case-management databases.

DESIRABLE REQUIREMENTS

The following will be considered desirable, but are not essential:

• Direct quasi-judicial / tribunal experience

Experience of membership of, or appearing before, courts, tribunals, statutory committees, or other quasi-judicial decision-making bodies in the employment rights, industrial relations, or equality arenas.

• Adjudication-level hearing experience

Experience acting as the sole or lead decision-maker in formal hearings, including issuing written determinations or recommendations.

• Legal research experience

Demonstrated ability to conduct detailed legal research.

Please note:

Candidates invited to interview will be required, if appropriate, to supply a copy of their relevant qualifications at, or prior to, interview.

Eligibility to compete and certain restrictions on eligibility

Citizenship Requirements

Eligible candidates must be:

(a) A citizen of the European Economic Area (EEA). The EEA consists of the Member States of the European Union, Iceland, Liechtenstein and Norway; or

(b) A citizen of the United Kingdom (UK); or

(c) A citizen of Switzerland pursuant to the agreement between the EU and Switzerland on the free movement of persons; or

(d) A non-EEA citizen who has a Stamp 4 permission¹ or a Stamp 5 permission.

Candidates must meet the eligibility requirements before being appointed from the panel.

Qualifications/eligibility may not be confirmed until the final stage of the process, therefore, those candidates who do not possess the essential requirements, on or by the dates as specified, and proceed with their application are putting themselves to unnecessary effort/expense and will not be offered a position from this competition.

The onus is on the candidate to ensure they fulfil the eligibility requirements as set out. publicjobs reserves the right to deem an applicant ineligible at any stage if it is apparent that the candidate does not hold the required eligibility/qualifications e.g. from the submitted application form. Candidates who are unable to demonstrate that they hold/will hold the required qualification(s) by the deadline specified may be withdrawn from the competition at any stage. An invitation to tests, interview or any element of the selection process is not acceptance of eligibility.

The Minister for Enterprise, Tourism and Employment, will appoint such number of members from the panel recommended by Publicjobs, having due regard to:

• The estimated need for such Adjudication Officers;

• The geographic distribution and location of cases that arise;

• The distribution of preferred areas, as nominated by applicants (including the extent of any stated commitment to travel);

• An appropriate mix of skills and experience in Employment and Equality Law, Human Resources, and Industrial Relations.

Key Skills/Competencies for effective performance as an Adjudication Officer are:

Leadership & Strategic Direction

• Leads the team, setting high standards, tackling any performance problems and facilitating high performance;

• Facilitates an open exchange of ideas and fosters an atmosphere of open communication;

• Contributes to the shaping of Departmental/Government strategy and policy;

• Develops capability and capacity across the team through effective delegation;

• Develops a culture of learning and development, offering coaching and constructive/supportive feedback;

• Leads on preparing for and implementing significant change and reform;

• Anticipates and responds quickly to developments in the sector/broader environment;

• Actively collaborates with other Departments, Organisations and Agencies.

Judgement & Decision Making

• Identifies and focuses on core issues when dealing with complex information/situations;

• Assembles facts, manipulates verbal and numerical information and thinks through issues logically;

• Sees the relationships between issues and quickly grasps the high level and socio-political implications;

• Identifies coherent solutions to complex issues;

• Takes action, making decisions in a timely manner and having the courage to see them through;

• Makes sound and well informed decisions, understanding their impact and implications;

• Strives to effectively balance the sectoral issues, political elements and the citizen impact in all decisions.

Management & Delivery of Results

• Initiates and takes personal responsibility for delivering results/services in own area;

• Balances strategy and operational detail to meet business needs;

• Manages multiple agendas and tasks and reallocates resources to manage changes in focus;

• Makes optimum use of resources and implements performance measures to deliver on objectives;

• Ensures the optimal use of ICT and new delivery models;

• Critically reviews projects and activities to ensure their effectiveness and that they meet organisational requirements;

• Instils the importance of efficiencies, value for money and meeting corporate governance requirements;

• Ensures team are focused and act on Business Plans priorities, even when faced with pressure.

Building Relationships & Communication

• Speaks and writes in a clear, articulate and impactful manner;

• Actively listens, seeking to understand the perspective and position of others;

• Manages and resolves conflicts/disagreements in a positive and constructive manner;

• Works effectively within the political process, recognising and managing tensions arising from different stakeholders' perspectives;

• Persuades others; builds consensus, gains co-operation from others to obtain information and accomplish goals;

• Proactively engages with colleagues at all levels of the organisation and across other Departments/Organisations and builds strong professional networks;

• Makes opinions known when they feel it is right to do so.

Fee Rate

The current rate of fees for an Adjudication Officer (Contractor) is €616 per day, pro-rata for partial days. The WRC, in conjunction with the Department of Enterprise, Tourism and Employment and Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, will review the per diem fee periodically to determine if any change may be required.

A day is classified as a full day of professional service, which covers the function of adjudication in line with section 41(5)(a) of the Workplace Relations Act. The act of adjudication referred to an Adjudication Officer by the Director General encompasses the following: inquiry into the complaint or dispute, providing the parties to the dispute with the opportunity to be heard and present evidence relevant to the complaint, making a decision in relation to the complaint in accordance with the relevant provisions and providing to the parties a copy of that decision in writing.

If a hearing falls, is adjourned or finishes early, the Adjudication Officer (Contractor) is required to utilise the remaining time on that day for writing up decisions. In addition, subject to case load and approval, a maximum of 52 additional "writing days", at the same daily rate, may be allocated annually and where necessary on a pro-rata basis. Writing days are allocated at the discretion of the Director General and may vary in accordance with the requirements of any case. Note that the fees may be adjusted from time to time in accordance with Government policy.

Adjudication Officers (Contractor) appointed under this competitive process are office holders and not employees of the Department of Enterprise, Tourism and Employment or of the WRC.

In accordance with Schedule E contained in the Taxes Consolidation Act 1997 (TCA 1997), and for tax compliance purposes only, the WRC is required to place office holders on the Department of Enterprise, Tourism and Employment's payroll. Such placement on the Department's payroll relates only to tax compliance obligations and does not confer, create or imply an employment relationship or any associated employment rights.