ADJ-00006483

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00006483

Parties:

	Complainant	Respondent
Parties	A Care Worker	A Residential Care Facility

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00008913-001	22/12/2016

Date of Adjudication Hearing: 04/05/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41 of the Workplace Relations Act, /or Section 13 of the Industrial Relations Acts 1969] 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).

Recommendation

Section 41 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 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute

Preliminary Matter of Jurisdiction

The claimant is employed as a Social Care Worker at the respondent’s high dependency residential care unit and is seeking to have HSE/Tusla terms and conditions of employment applied to him.As this claim has inevitable collective application , I have no alternative but to decline jurisdiction because of the collective nature of the complaint.

Dated: 11^th July 2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea