ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00014325

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-00018724-001	25/04/2018

Date of Adjudication Hearing: 17/12/2018

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).

Preliminary Issue

The respondent submitted with the accumulation of similar claims that the matter must relate to terms and conditions of employment of a body of workers and is not a trade dispute (individual rights issue) which is actionable under the Act.

The claimant states “the respondent engaged in a flawed process, contrary to the Company/Union agreement” and clearly is in his own words a dispute to the operation of a collective agreement.

As detailed in the Industrial Relations act 1969-2001 the jurisdiction of the Adjudicator and of the appellant Court in industrial rights matters is set out at Section 13 Industrial Relations Act 1969-2001

The union argued that the process was flawed and not in accordance with the co/union agreement procedures

Findings

I find both parties made written and verbal submissions at the hearing.

I find that section 13 (2) of the Act states

” 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”

I find that having examined all the documentation the dispute involves the application of a collective agreement for a body of workers.

Decision:

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

I find that I have no jurisdiction to hear it.

Dated: 11/01/2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell