ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00000990
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Local Authority |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000990 | 09/01/2023 |
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Date of Hearing: 04/12/2023
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 and to present any information relevant to the dispute.
Background:
The worker’s representative claims that the employer has changed the application process for annual leave and union leave. There has been no consultation in relation to this change. It is claimed that the worker in question has lost €400 in wages as he was marked with an unauthorised absence. |
Summary of Workers Case:
The worker’s representative claims that there has been a unilateral change to how the worker applies for leave. The worker now must apply for time off through another manager. |
Summary of Employer’s Case:
The employer is objecting to the hearing of the dispute as the worker has not submitted a grievance prior to referring these matters to the WRC. |
Conclusions:
In conducting my investigation, I have considered all relevant submissions presented to me by the parties. The preliminary issue is whether the worker has used the grievance procedure prior to the referral of the complaint to the WRC. The worker’s representative directed me to documents of April 2022 which demonstrates that the union official had raised a grievance on behalf of the worker.
I have reviewed the April 2022 documents which show that the dispute was raised on behalf of several workers and was related to a change with a procedure likely to impact on others.
Under the Industrial Relations Act of 1969, I am restricted in dealing with trade disputes concerning a body of workers.
I recommend that the parties exhaust the internal procedures as a collective or individual issue as the union sees fit. If unresolved then the issue can be referred to the adjudication service if it relates to an individual or to the conciliation service if it is a collective dispute. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the parties exhaust the internal procedures as a collective or individual issue as the union sees fit. If unresolved then the issue can be referred to the adjudication service if it relates to an individual or to the conciliation service if it is a collective dispute.
Dated: 18-12-2023
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Grievance, collective or individual |