ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00039207
Parties:
| Complainant | Respondent |
Anonymised Parties | A Member | A Policing Authority |
Representatives |
|
|
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Section 13 of the Industrial Relations Acts 1969 | CA-00050733 | 20/05/2022 |
Date of Adjudication Hearing: 15/03/2023
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
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:
The Complainant referred this complaint to the Workplace Relations Commission on 20 May 2022.
Both parties were represented at the hearing with submissions filed and exchanged in advance of the hearing. |
Summary of Employee’s Case:
The Employee outlined her dispute as regards annual leave and complaints around her period of sick leave/ absence and eagerness to return to work. The Complainant stated that she raised a grievance in relation to her annual leave under the pre 2020 dispute resolution process. She stated she felt that she sought to do everything she could to progress her issues with the Employer. |
Summary of Employer’s Case:
The Employer stated that the internal process had not been exhausted and the redress sought was not within the jurisdiction of the WRC under the Industrial Relations Act. There had been recent attempt to facilitate the Employee’s return to work. |
Findings and Conclusions:
The Industrial Relations Act 1969 (as amended) is clear that the Workplace Relations Commission only has jurisdiction in a trade dispute where all internal grievance procedures have been exhausted. It was accepted by the Employee that she had not raised a formal grievance following the commencement of the Industrial Relations (Amendment) Act 2019. Consequently, I have no jurisdiction to hear this trade dispute. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I have no jurisdiction to hear this complaint. |
Dated: 18/04/2023
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
IR – Grievance |