ADJUDICATION OFFICER RECOMMENDATION CORRECTION ORDER
Adjudication Reference: ADJ-00019184
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A State Department |
Representatives | Family / Friend |
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00025044-001 | 16/01/2019 |
Date of Adjudication Hearing: 04/04/2019
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly B.L.
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Summary of Respondent’s Preliminary Point:
The complainant does not have a right of access to the Workplace Relations Commission under the Industrial relations Act as he is a Civil Servant employed by the State. Section 23 of the Industrial Relations Act, 1990 provides for the following definition of “worker”: “23.—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means any person aged 15 years or more who has entered into or works under (or, where the employment has ceased, worked under) a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) but does not include— (a) a person who is employed by or under the State, (b) a teacher in a secondary school, (c) a teacher in a national school, (ca) a teacher employed by an education and training board. |
Summary of the complainant’s reply to Preliminary Point:
The complainant stated that he did not have the service to bring a claim under the Unfair Dismissal Acts and when he made enquires he was informed that he should bring his claim under the Industrial Relations Acts. He was not aware of Section 23(1) (a). |
Findings and Conclusions:
Section 23 of the Industrial Relations Act, 1990 provides for the following definition of “worker”: “23.—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means any person aged 15 years or more who has entered into or works under (or, where the employment has ceased, worked under) a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) but does not include— (a) a person who is employed by or under the State, (b) a teacher in a secondary school, (c) a teacher in a national school, (ca) a teacher employed by an education and training board. The complainant accepts that he is was a worker employed by the state i.e. a civil servant and therefore comes under the excluded category set out in Section 23 (1)(a). On that basis I find that I am precluded from investigating the dispute for want of jurisdiction. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I am precluded from investigating the dispute for want of jurisdiction. |
Dated: 1st July 2019
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00019184
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A State Department |
Representatives | Family / Friend |
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00025044-001 | 16/01/2019 |
Date of Adjudication Hearing: 04/04/2019
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly B.L.
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Summary of Respondent’s Preliminary Point:
The complainant does not have a right of access to the Workplace Relations Commission under the Industrial relations Act as he is a Civil Servant employed by the State. Section 23 of the Industrial Relations Act, 1990 provides for the following definition of “worker”: “23.—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means any person aged 15 years or more who has entered into or works under (or, where the employment has ceased, worked under) a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) but does not include— (a) a person who is employed by or under the State, (b) a teacher in a secondary school, (c) a teacher in a national school, (ca) a teacher employed by an education and training board. |
Summary of the complainant’s reply to Preliminary Point:
The complainant stated that he did not have the service to bring a claim under the Unfair Dismissal Acts and when he made enquires he was informed that he should bring his claim under the Industrial Relations Acts. He was not aware of Section 23(1) (a). |
Findings and Conclusions:
Section 23 of the Industrial Relations Act, 1990 provides for the following definition of “worker”: “23.—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means any person aged 15 years or more who has entered into or works under (or, where the employment has ceased, worked under) a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) but does not include— (a) a person who is employed by or under the State, (b) a teacher in a secondary school, (c) a teacher in a national school, (ca) a teacher employed by an education and training board. The complainant accepts that he is was a worker employed under the state i.e. a civil servant and therefore come under the excluded category set out in Section 23 (1)(a). On that basis I find that I am precluded from investigating the dispute for want of jurisdiction. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I do have jurisdiction to hear the within dispute. |
Dated: 1st July 2019
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Key Words:
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