ADJ-00031939

Complainant

Respondent

Anonymised Parties

A worker

An Employer

Representatives

Aleksandra Tiilikainen IBEC

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00042432-003

11/02/2021

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The employer is a large services organisation who provide onsite services for their client base.  The worker became an employee by way of TUPE a number of years ago.

The worker raised a dispute regarding disciplinary process resulting in his dismissal.

The employer submitted that in its view the worker is seeking to bring a claim regarding the imposition of disciplinary sanctions and that a hearing under the Unfair Dismissals Act has begun.  The employer submitted that under Section 8(10) of the Unfair Dismissals Act, 1977 the worker is not entitled to redress under the Industrial Relations Acts.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. A decision has issued under the Unfair Dismissals Act, 1977.  Section 10 of the Unfair Dismissals Act states that

(10) (a) A dispute relating to a dismissal shall not be referred to an adjudication officer under the Industrial Relations Acts 1946 to 2012 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,

(ii) a decision (other than a decision consisting of a dismissal of the claim concerned) has been made by an adjudication officer under this Act,

(iii) a decision has been made by the Labour Court in accordance with subsection (2) of section 8A affirming a decision (consisting of a dismissal of the claim concerned) of an adjudication officer under this Act, or

(iv) a decision has been made by the Labour Court in accordance with the said subsection (2) —

(I) setting aside a decision to which subparagraph (ii) applies, and

(II) not awarding any redress under section 7.

(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 Acts 1946 to 2012, or

(ii) a hearing by the Labour Court under those Acts has commenced.

Having considered all the written and oral submissions in relation to this dispute, I am satisfied that section 10 of the Unfair Dismissals Act, 1977 applies in relation to this dispute.  Accordingly, I find that a dispute relating to a dismissal shall not be referred to an adjudication officer under the Industrial Relations Act, 1969 if a decision has been made under the Unfair Dismissals Act, 1977  -Section 8(10)(a)(ii) of that Act.

As a decision has been made under the Unfair Dismissals Act, 1977, my recommendation is that in accordance with Section8(10)(a)(ii)  of the Unfair Dismissal Act this dispute shall not be referred to an adjudication officer.

Industrial Relations Act – Section 8(10) Unfair Dismissal Act – dispute shall not be referred to an adjudication officer.