ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00037965
Parties:
| Worker | Employer |
Anonymised Parties | General Operative | Courier Company |
Representatives | Audrey Goode Byrne and O Sullivan Solicitors |
|
Dispute(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 |
| 24/03/2021 |
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Date of Hearing: 16/08/2021
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
This dispute was part of a series filed by the worker. |
Summary of Workers Case:
The worker commenced working on the 5 November 2020 as a general operative. He was placed in the workplace by an agency. He worked for 21 days without a break and did not receive payment for this work. |
Summary of Employer’s Case:
The employer maintained that the worker was not its employee and the worker had no cause of action against it. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
The worker was not an employee of the employer. I am unable to accept the workers case and I make no recommendation.
Dated: 25th May 2022
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
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