ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001782

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 05/05/2016

Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s). 

Complainant’s Submission and Presentation:

The Claimant is an employee of the Respondent and his designated place of work is Ardee where he is resident. He sat an exam for the paramedic course but failed by two percent. As a result he was transferred to Mallow until he could re-sit his exam. The alternative was a period of unpaid leave. The Claimant was surprised at this decision as there were other more convenient locations available in Dublin, Tullamore that could have been made available at the time. There were also issues in regard to his wife’s health.

As a result of his transfer he had a car crash that cost him considerable expenses. The Respondent has dismissed his claim for compensation.

Respondent’s Submission and Presentation:

The Respondent explained that the terms of the Claimant’s employment meant that he could be transferred to an ICO vacancy post nationally. No whole time equivalent vacant post existed in North Leinster at the time therefore he was assigned to Mallow.

The Claimant lodged a grievance in December 2015. He was advised of the relevant personnel who would deal with this. However, before it could be dealt with he referred his claim to the WRC. Therefore, The Respondent is seeking that until the internal mechanisms are exhausted that the matter be adjourned.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.

Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.

Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]

Issues for Decision:

Request for the utilisation of the internal procedures before the WRC make a decision

Legislation involved and requirements of legislation:

Section 13 of the Industrial Relations Act 1946

Decision:

It is established law by the Labour Court that the WRC do not insert themselves in to a claim until all internal procedures have been exhausted. Until this has happened I will not make a decision in this case.

Dated:   18^th November 2016