ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00014659
Parties:
| Complainant | Respondent |
Anonymised Parties | Clerical Officer | Government Authority |
Representatives | Paul McSweeney FÓRSA, G Kelly, I Goodwin | Noel Bonass, Enda McElvaney, John Prendergast |
Dispute:
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-00019170-001 | 09/05/2018 |
Date of Adjudication Hearing: 28/08/2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The Worker is employed as a Part Time Clerical Officer since 1992. She is paid €379.39 per week. She has alleged that she is being bullied and harassed by management. |
Jurisdiction
Summary of Complainant’s Case:
The Complainant stated that she is a Civil Servant. She filed her complaint without consulting her union. She was unaware of any jurisdictional matter. |
Summary of Respondent’s Case:
The Respondent stated that it is not appropriate to take claims under the Industrial Relations Act. |
Findings and Conclusions:
I note that the Complainant advised the hearing that she had filed her complaint without having consulted her union. I find that in Sec 4(1) of the Industrial Relations Act 1946 it defines “worker” that is encompassed by this legislation. It states” other than a) a person who is employed by or under the State”. I note that Civil Servants /Public Servants may use the Conciliation and Arbitration Services for this purpose. Therefore, I find that this compliant under the Industrial Relations Act is misconceived.
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Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the Complainant accepts that this complaint taken under the Industrial Relations Act is misconceived and that the Adjudication Officer does not have jurisdiction to deal with it. |
Dated: 3rd October 2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Jurisdiction for WRC in Civil Service employee dispute |