ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00021845
Parties:
| Complainant | Respondent |
Anonymised Parties | A Presiding Officer | A Public Office |
Representatives |
|
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00028683-001 | 27/05/2019 |
Date of Adjudication Hearing: 11/11/2019
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
Following resolution of ADJ-0014934 the Complainant was re-employed as Presiding Officer in October 2018. |
Summary of Complainant’s Case:
The Complainant was not offered an appointment for the May 2019 elections and was not given any reason for this. He complains this amounts to constructive dismissal. |
Summary of Respondent’s Case:
The Respondent says the complaint is addressed to his predecessor. It is misconceived and has no basis in law. There is no requirement for the Respondent to assign the same people as Presiding Officers or polling clerks. These appointments are at the Respondents discretion and he does not have to provide any explanation. |
Findings and Conclusions:
The Respondent has not consented to the hearing of this matter by an Adjudication Officer and consequently, I have no jurisdiction to make a recommendation. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The Respondent has not consented to the hearing of this matter by an Adjudication Officer and consequently, I have no jurisdiction to make a recommendation. |
Dated: 6th July 2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Jurisdiction, Electoral Act 1992 |