Zalewski -v- Adjudication Officer ( Rosaleen Glackin ) & ors [2018] IEHC 59 (08 February 2018)

Zalewski -v- Adjudication Officer ( Rosaleen Glackin ) & ors [2018] IEHC 59 (08 February 2018)

The applicant does not have locus standi to challenge the constitutional validity of the Workplace Relations Act 2015 or maintain a claim under the European Convention on Human Rights Act, 2003, as the impugned decision was quashed and his case will be reheard, so he is not in real or imminent danger of being adversely affected by the statute.

Citation
[2018] IEHC 59
Parties
Applicant: Tomasz Zalewski; First Respondent: Adjudication Officer (Rosaleen Glackin); Second Respondent: Workplace Relations Commission Ireland; Third Respondent: Attorney General; Notice Party: Buywise Discount Store Limited
Jurisdiction
Ireland
Judgment Date
08 February 2018
Procedural Posture
Judicial Review / High Court Judgment on Application for Certiorari and Constitutional Challenge
Outcome
Application for certiorari granted; constitutional challenge dismissed for lack of locus standi.
Legal Topics
Unfair Dismissal, Judicial Review, Fair Procedures, Locus Standi, Workplace Relations Commission, Constitutionality of Statutes
Employment Law Constitutional Law Administrative Law Unfair Dismissal Judicial Review Fair Procedures Locus Standi Workplace Relations Commission +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Tomasz Zalewski

Applicant

Adjudication Officer (Rosaleen Glackin)

First Respondent

Workplace Relations Commission Ireland

Second Respondent

Attorney General

Third Respondent

Buywise Discount Store Limited

Notice Party

Procedural Posture

Judicial Review / High Court Judgment on Application for Certiorari and Constitutional Challenge

Legal Issues

  1. 1 Whether the decision of the Adjudication Officer dated 16 December 2016 should be quashed for breach of fair procedures
  2. 2 Whether the applicant has locus standi to challenge the constitutionality of the Workplace Relations Act 2015 and related provisions

Ratio Decidendi

The applicant does not have locus standi to challenge the constitutional validity of the Workplace Relations Act 2015 or maintain a claim under the European Convention on Human Rights Act, 2003, as the impugned decision was quashed and his case will be reheard, so he is not in real or imminent danger of being adversely affected by the statute.

Court Disposition

Application for certiorari granted; constitutional challenge dismissed for lack of locus standi.

Orders

  • Order of certiorari quashing the decision of the Adjudication Officer dated 16 December 2016
  • Order remitting the applicant's complaint to the Workplace Relations Commission to be heard by a different Adjudication Officer