Zalewski v The Workplace Relations Commission & ors (Approved) [2020] IEHC 226 21 May 2020)

Zalewski v The Workplace Relations Commission & ors (Approved) [2020] IEHC 226 21 May 2020)

The proceedings raised novel and important constitutional issues regarding the separation of powers and the administration of justice, which transcended the applicant's personal interest and were of general public importance. The court exercised its discretion to depart from the general rule that costs follow the event, allowing the applicant to recover one half of his costs from the State respondents, to encourage the bringing of legitimate constitutional challenges in the public interest.

Citation
[2020] IEHC 226 21 May 2020
Parties
Applicant: Tomasz Zalewski; Respondent: The Workplace Relations Commission; Respondent: An Adjudication Officer (Rosaleen Glackin); Respondent: Ireland; Respondent: The Attorney General; Notice Party: Buywise Discount Stores Limited
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Costs Judgment Following Dismissal of Constitutional Challenge
Outcome
Applicant allowed to recover one half of his costs from Ireland and the Attorney General; other orders as per judgment.
Legal Topics
Costs in Public Interest Litigation, Separation of Powers, Administration of Justice, Fair Procedures, Standing in Judicial Review
Constitutional Law Administrative Law Labour Law Costs in Public Interest Litigation Separation of Powers Administration of Justice Fair Procedures Standing in Judicial Review

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Parties

Tomasz Zalewski

Applicant

The Workplace Relations Commission

Respondent

An Adjudication Officer (Rosaleen Glackin)

Respondent

Ireland

Respondent

The Attorney General

Respondent

Buywise Discount Stores Limited

Notice Party

Procedural Posture

Judicial Review / Costs Judgment Following Dismissal of Constitutional Challenge

Legal Issues

  1. 1 Whether the applicant should be liable for costs after an unsuccessful constitutional challenge to the Workplace Relations Act 2015
  2. 2 Whether the proceedings constituted public interest litigation justifying a departure from the general rule that costs follow the event

Ratio Decidendi

The proceedings raised novel and important constitutional issues regarding the separation of powers and the administration of justice, which transcended the applicant's personal interest and were of general public importance. The court exercised its discretion to depart from the general rule that costs follow the event, allowing the applicant to recover one half of his costs from the State respondents, to encourage the bringing of legitimate constitutional challenges in the public interest.

Court Disposition

Applicant allowed to recover one half of his costs from Ireland and the Attorney General; other orders as per judgment.

Orders

  • Order of certiorari quashing the decision dated 16 December 2016 in the matter of Tomasz Zalewski v. Buywise Discount Store Limited (Adjudication Decision Reference Number ADJ-00003113).
  • Order remitting the complaints of Tomasz Zalewski (Complaint Reference Numbers CA-0004535-001 and CA-00004535-002) to the Director General of the Workplace Relations Commission, to be assigned to an adjudication officer other than Ms Glackin.