ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00030090
Parties:
| Worker | Employer |
Anonymised Parties | A worker | An employer |
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 | 26/09/2020 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 13/04/2023
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 by me and to present to me any information relevant to the dispute.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. |
Summary of Workers Case:
The worker submitted that he was dismissed by his employer. |
Summary of Employer’s Case:
The employer denied that a dismissal took place. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The worker made submissions to the Workplace Relations Commission regarding a number of employment rights issues. One of these issues related to unfair dismissal. Section 8(10) of the Unfair Dismissals Act, 1977 states that (10) (a) A dispute relating to a dismissal shall not be referred to an adjudication officer under the Industrial Relations Acts 1946 to 2012 if, in relation to the dismissal— (i) a recommendation has been made by a rights commissioner under this Act, or a hearing by the Tribunal under this Act has commenced, (ii) a decision (other than a decision consisting of a dismissal of the claim concerned) has been made by an adjudication officer under this Act, (iii) a decision has been made by the Labour Court in accordance with subsection (2) of section 8A affirming a decision (consisting of a dismissal of the claim concerned) of an adjudication officer under this Act, or (iv) a decision has been made by the Labour Court in accordance with the said subsection (2) — (I) setting aside a decision to which subparagraph (ii) applies, and (II) not awarding any redress under section 7. In accordance with the foregoing, as a hearing under the Unfair Dismissals Act has commenced and a decision under that Act has been made, I am precluded from making a recommendation in relation to this matter. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Having regard to Section 8(10) of the Unfair Dismissals Act applies, I am precluded from making a recommendation in relation to this complaint.
Dated: 30/05/2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
IR compliant regarding dismissal – Section 8(10) of the Unfair Dismissals Act applies - precluded from making a recommendation |