ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00043169
Parties:
| Complainant | Respondent |
Anonymised Parties | A Paramedic | A Service Provider |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Industrial Relations Act 1969 | CA-00053739-001 | 16/11/2022 |
Date of Adjudication Hearing: 29/03/2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and Section 13 of the Industrial Relations Acts 1969 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 by me and to present to me any evidence relevant to the dispute. This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
Background:
The Employee is employed as a Paramedic and a complaint was received against him on April 4th, 2020. The Employee has been stood down from his duties since that date with a loss of income. The Parties received a WRC Recommendation on August 14th 2022 which stated the Investigation into the complaint should be completed within 5 months of that date. The investigation was not completed within that timeframe and the issue was referred for further adjudication by the Employees Representative. The Parties disputed the causes for the delay in commencing the investigation and advised the Terms of Reference were agreed between the Parties in mid-February 2023 with an agreed completion date of March 31st, 2023, baring unusual circumstances. The Employer advised the Hearing that Preliminary Report is almost finished. The Employee sought the Adjudicator to recommend that March 31st 2023 to be the date for the Report to be finalized and sought compensation for their loss and a return to normal duties and allowances/overtime etc. The Employee sought an urgent Recommendation on the trade dispute. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a Recommendation in relation to the dispute.,
Having considered the submissions and contributions of both Parties I recommend as follows. That the Preliminary Report be completed and issued to the Employee and his Representative, at the latest, by April 11th, 2023 (three years after the initial complaint was lodged). That should the Preliminary Report not be issued by April 11th, 2023, the Employee be returned to normal duties on his prior terms. That the Parties make every effort to submit and conclude their responses quickly to the Investigator on receipt of the Preliminary Report and the Final Report be issued, pending the Employees inputs being concluded, no later than April 25th, 2023. The Employer to advise the Investigator of this Recommendation. I do not see grounds for compensation due to the delay in commencing the Investigation given the Terms of Reference were only agreed in Mid-February 2023 by the Parties. |
Dated: 29-03-2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Trade Dispute |