ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00039395
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A State Body |
Representatives | Self-represented | Kieran Brennan Assistant Principal Officer |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts 1946 - 1990 | CA-00050693-001 | 13/05/2022 |
Date of Adjudication Hearing: 15/11/2022
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the complaint/dispute to me by the Director General, I inquired into the complaint/dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute.
Background:
The Worker was employed as a temporary Clerical Officer for a period of two and a half months. His complaint/dispute is that he was not offered another contract despite the fact that, in his contention, there was work to be carried out. |
Summary of Complainant’s Case:
The Complainant was employed on a temporary contract from 10th August 2020 to 30th October 2022. His contract was not renewed in October 2020 even though there was a backlog of work. He was seeking answers to his query with various Officials but was never given a satisfactory answer. |
Summary of Respondent’s Case:
The Respondent raised jurisdictional issues as follows: The Individual who referred this complaint/dispute is not a worker in the definition in the Industrial Relations Acts 1946 -1990. Therefore the Adjudication Officer has no jurisdiction to hear the claim. Further, it is submitted that as this complaint/dispute was referred some 17 months after the employment ended, the matter is out of time. The Workplace Relations Act 2015 provides that complaints cannot be entertained if submitted after the expiration of 6 months from the date of the alleged contravention or a further 6 months if reasonable cause is found to have prevented the submission. It is argued that as more than 12 months has passed since the employment ended, the matter is clearly out of time. |
Findings and Conclusions:
There were two jurisdictional issues raised. In relation to the time limit argument, the Workplace Relations Act 2015 schedule 5 does not include the Industrial Relations Acts 1946 - 1990. The time limits as provided for in Section 41 of the Workplace Relations Act 2015 does not apply to the Industrial Relations Acts 1946-1990. In relation to the other jurisdictional argument, I now consider the definition of “worker” within the meaning of the Industrial Relations Acts 1946-1990. Section 13(2) of the Industrial Relations Act 1969 states (2) Subject to the provisions of this section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to a rights commissioner. The Industrial Relations Act 1946 Section 4 of the Act defines a worker in the following terms 4.—(1) In this Act (except Part VI) the word “worker” means any person of the age of fourteen years or upwards who has entered into or works under a contract with an employer whether the contract be for manual labour, clerical work, or otherwise, be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour, other than—
Section 23 of the Industrial Relations Act, 1990 provides: “worker” 23.— (1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “ worker” means a member of the Garda Siochana referred to in subsection (1A) and any person aged 15 years or more who has entered into or works under (or, where the employment has ceased, worked under) a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) but does not include— (a) a person who is employed by or under the State, In the Industrial Relations Acts 1946 – 1990, the definition of worker excludes persons employed by or under the State. In decision LCR21341 the Labour Court decided: Having reviewed the statutory framework the Court finds that disputes between Civil Servants and their employers are not trade disputes within the meaning of the Act. It is clear from the foregoing definitions and decision of the Labour Court, that I do not have jurisdiction to adjudicate on this dispute.
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Recommendation:
In accordance with section 13 of the Industrial Relations Act, 1969, I make the following recommendation in relation to the dispute referred by the complainant. For the reasons outlined in the report, the dispute cannot proceed to adjudication for want of jurisdiction.
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Dated: 03rd January 2023
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Industrial Relations Acts 1946-1990, Civil Servant not included in definition of worker, no jurisdiction |