ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00019555
Parties:
| Complainant | Respondent | |
| Anonymised Parties | A Union Official | A Trade Union |
| Representatives |
Complaint:
| Act | Complaint/Dispute Reference No. | Date of Receipt |
| CA-00025488-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 13 of the Industrial Relations Acts, 1969,following the referral of the complaint / dispute to me by the Director General, I inquired into the complaint / dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint / dispute.
Background:
| The Complainant submitted a complaint with the WRC on 1st February 2019.This complaint has been the subject of four WRC Hearings. The first, held on 4th April 2019, was adjourned. At the second, which was held on 17th July 2019, the case for the Complainant was aired in the absence of the Respondent, who it transpired, believed the hearing had been postponed. A third hearing, which took place on 10th September 2019, was adjourned. At the fourth hearing, which took place on 8th October 2019, the Respondent made a preliminary argument that the hearing should not go ahead. Notwithstanding the Respondent’s arguments regarding the hearing, I proceeded to hear the case. The Respondent chose not to remain at the hearing. |
Present Situation:
| The complaint lodged with the WRC on 1st February 2019 related to the legitimacy or otherwise of an instruction, which had been given to the Complainant by the Respondent, to relocate his place of work. As the Complainant has since been dismissed from his employment with the Respondent, the IR issue contained in the complaint lodged on 1st February 2019, is moot. In view of the current situation, issuing a recommendation on the complaint contained in the complaint lodged on 1st of February 2019, would be of no practical assistance to the parties.I understand the Complainant’s dismissal is subject of an appeal. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
| I recommend that the parties review their positions in light of the outcome of the appeal of the dismissal. |
Dated:
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
| “Relocation”, “Terms and Conditions” |