ADJUDICATION OFFICER DECISION & RECOMMENDATION
Adjudication Reference: ADJ-00023319
Parties:
| Complainant | Respondent |
Anonymised Parties | A Senior Technician | A Local Authority Arts Centre |
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-00029894-001 | 26/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00029894-002 | 26/07/2019 |
Date of Adjudication Hearing: 19/11/2019
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015; Section 7 of the Terms of Employment (Information) Act, 1994and Section 13 of the Industrial Relations Acts 1969following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The issues in contention concern the Terms and Conditions of Work, specifically the Working Hours of the Complainant. |
1: Summary of Complainant’s Case:
CA-00029894-001 - Industrial Relations complaint. The available working hours were not being allocated in a fair fashion. A new less skilled Employee was getting work that should have gone to the Complainant. He had made numerous requests to have the issues addressed at local level. These had proved futile and he now sought the assistance of the WRC. CA-00029894-002 – Employment Information complaint In relation to this complaint the Complainant referred to his contract of employment and maintained that it was not being properly applied and he had not ben informed of any changes in it. |
2: Summary of Respondent’s Case:
CA-00029894-001 - Industrial Relations complaint. The Respondent Representative accompanied by the Centre Managers was anxious to point out that they were very sympathetic to the Complainant. For a variety of reasons his issues had not been properly addressed at Local level. Following much discussions facilitated by the Adjudication Officer it was agreed that more substantial local engagement would be helpful. It was agreed that these would take place in the near future. An Adjudication Recommendation to this effect should be issued. It was open to the Parties to return to the WRC at a later date by either filing a new complaint under the Industrial Relations Act or if needs be lodging an Appeal to the Labour Court in relation to this Recommendation. CA-00029894-002 – Employment Information complaint It was suggested by the Respondent that this complaint was Not Well Founded on a purely Technical basis. The interpretation of the Contract was not an issue for the Terms of Employment (Information) Act, 1994
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3: Findings and Conclusions:
CA-00029894-001 - Industrial Relations complaint. The issues in his case merit the further local discussions suggested at the Oral Hearing. Accordingly, I Recommend as follows Further local engagement assisted if required, by the Representatives of SIPTU and the Management Consultant, take place as soon as possible to seek an amicable resolution. The issues in contention, if not amicably resolved, can be returned to the WRC by way of Appeal of this Recommendation or much more preferably by the lodging of a new Complaint under the Industrial Relations Act. This could be to either Adjudication or Conciliation. CA-00029894-002 – Employment Information complaint This complaint is Not Well Founded on Technical grounds.
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4: Decision and Recommendation
Section 41 of the Workplace Relations Act 2015; Section 7 of the Terms of Employment (Information) Act, 1994and Section 13 of the Industrial Relations Acts 1969requires that I make a decision and Recommendation in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
CA-00029894-001 - Industrial Relations complaint.
- Further local engagement, assisted, if necessary, by the Representative of SIPTU and the Management Consultant, take place as soon as possible to seek an amicable resolution.
- The issues in contention, if not amicably resolved, can be returned to the WRC by way of Appeal of this Recommendation or, much more preferably, by the lodging of a new Complaint under the Industrial Relations Act.
CA-00029894-002 – Employment Information complaint
This complaint is Not Well Founded on Technical grounds. It is dismissed.
Dated: 26/08/2020
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
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