ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00017063

Parties:

Complaint(s):

Date of Adjudication Hearing: 28/01/2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969] following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute(s).

Industrial Relations Act 1969

CA-00022125-001

Issue

Confirmation that the warning that was issued to the claimant has been expunged from his file.

Decision:

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

The respondent to notify the claimant that his warning has been expunged from his file as and from 31stDecember 2018.

Industrial Relations Act 1969

CA-00022125-002

Preliminary Issue

The respondent submitted that this was a collective dispute and any award to the claimant would have a knock-on effect to other employees and the adjudicator had no jurisdiction in the matter.

Findings

13(2) of the Industrial relations Act 1969 states

(2) Subject to the provisions of this section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to a rights commissioner.

Decision:

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

I have no jurisdiction to deal with the dispute

Dated:   29th April 2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell