ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00036343
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Company |
Representatives | In person | Aidan McGrath ARAG Legal Protection |
Complaint(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | 04/07/2020 |
Workplace Relations Commission Adjudication Officer: Jim Dolan
Date of Hearing: 28th October 2021.
Location of Hearing: Remote via WebEx.
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following 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 information relevant to the dispute.
Background:
The Complainant was employed by the Respondent company as a patrol officer, employment commenced on 2nd June 2007 and ended on 23rd March 2020. The Complainant worked 18 hours per week for which he was paid € 792.00 per month. This complaint was received by the Workplace Relations Commission on 9th July 2020. – Complaint submitted under s.13 of the Industrial Relations Act, 1969.
|
Summary of Employee’s Case:
The Complainant was a patrol officer in a supermarket car park and contends that he always received tips from customers around Christmas time. The Complainant states that he was told he could keep these coins. On the day of his alleged dismissal he was being trained by the training supervisor in how a new system of ticketing would be operated. The training supervisor claimed that he witnessed the Complainant taking money from customers and putting this money into his pocket. When the National Operations Manager arrived, he spoke to the Complainant who contends that during this discussion he was given the choice to either be dismissed or to resign from employment. The Complainant, given these two options said he would resign, and the National Operations Manager wrote out a note of resignation and the Complainant signed it. This note was also signed by the training supervisor. The Complainant also stated that he had never been the subject of a disciplinary procedure during his years with the Respondent company. |
Summary of Employer’s Case:
Industrial Relations Act
The Complainant is not entitled to pursue a complaint alleging unfair dismissal pursuant to the Unfair Dismissals Act, 1977 and the Industrial Relations Act, 1969. Section 8(10)(a) of the Unfair Dismissals Act 1977 states as follows:
A dispute referring to a dismissal shall not be referred to an adjudication officer under the Industrial Relations Acts, 1946 to 2015 if, in relation to the dismissal – (i) a recommendation has been made by a rights commissioner under this Act, or a hearing by the Tribunal under this Act has commenced
Section 8(10)(b) states as follows:
(b)An employee shall not be entitled to redress under this Act in respect of a dismissal if, in relation to the dismissal -
(i)a recommendation has been made by a Rights Commissioner or an adjudication officer under the Industrial Relations Act 1946 –2015
ii) a hearing by the Labour Court under those Acts has commenced Consequently therefore, the Complainant must elect prior to the commencement of the hearing, which claim he wishes to pursue with regard to his alleged unfair dismissal. In so far as the Complainant may alleged that his industrial relations claims arises from circumstances other than that related to the termination of his employment, the Respondent states that there is not trade dispute in being, and objects to, and will not participate in an investigation by an Adjudication officer pursuant to the Industrial Relations Act 1969.
|
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
Industrial Relations Act The Complainant is not entitled to pursue a complaint alleging unfair dismissal pursuant to the Unfair Dismissals Act, 1977 and the Industrial Relations Act, 1969.
|
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
The Complainant is not entitled to pursue a complaint alleging unfair dismissal pursuant to the Unfair Dismissals Act, 1977 and the Industrial Relations Act, 1969.
Dated: 13th December 2021
Workplace Relations Commission Adjudication Officer:
Key Words:
Industrial Relations Act, 1968 (as amended). |