ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00031278
Parties:
| Complainant | Respondent |
Anonymised Parties | A Clerical Officer | A Government Department |
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-00041839-001 | 07/01/2021 |
Date of Adjudication Hearing: 28/05/2021
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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:
The Complainant was a Clerical Officer on probation from 10th August 2020. |
Summary of Complainant’s Case:
The Complainant was a civil servant working for a government department. He was dissatisfied with implementation of health and safety measures by the Respondent in response to Covid-19 and went out on sick-leave. |
Summary of Respondent’s Case:
The Respondent says the Workplace Relations Commission do not have jurisdiction to deal with this complaint as the Complainant is not a “worker” under the Industrial Relations Acts 1969. Civil servants are excluded from the Industrial Relations Acts 1969 and have separate procedures to deal with complaints which were available to the Complainant. |
Findings and Conclusions:
I note the Labour Court ruling in LCR21341 regarding a complaint by a civil servant pursuant to S13(9) of the Industrial Relations Act 1969 against a Government Department. The Complainant acknowledges he is a civil servant. Pursuant to S23 (1) (a) of the Industrial Relations Act 1990, as the Complainant is “a person employed by or under the State” is excluded from the provisions of S13 (9) of the Industrial Relations Act 1969. I have no jurisdiction to consider this complaint. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the dispute in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I have no jurisdiction to consider this complaint. |
Dated: 08/12/2021
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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