ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00000525
Parties:
| Worker | Employer |
Anonymised Parties | Community Operations Analyst | Resourcing Agency |
Representatives | Self | Tiernan Lowey, B.L. instructed by CC Solicitors |
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 | IR - SC - 00000525 | 03/08/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000526 | 03/08/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000527 | 03/08/2022 |
Workplace Relations Commission Adjudication Officer: John Harraghy
Date of Hearing: 02/05/2023
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
The worker commenced employment with the employer on 11/01/2021 as a Community Operations Analyst and was placed in one of the employer’s client sites. The worker was advised on 05/08/2021 that she failed her probation. The worker submitted her complaint to the WRC on 03/08/2022. |
Summary of Workers Case:
The worker is claiming that she was unfairly dismissed but she does not have 12 months service. The worker requested an investigation into what she submits was a flawed process which resulted in her failing her probation period. |
Summary of Employer’s Case:
The employer objected to a hearing by the WRC in relation to this dispute. |
Conclusions:
When a request for an investigation by a Workplace Relations Commission Adjudicator under Section 13 of the Industrial Relations Act 1969, into a trade dispute is concerned, under Section 36(1) of the Industrial Relations Act 1990, any party has the right to object to an investigation of this dispute by an Adjudication Officer. The employer in this dispute objected to an investigation by an Adjudication Officer Consequently, I have no jurisdiction to hear this trade dispute. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I do not have jurisdiction to hear this trade dispute and therefore I am unable to make a recommendation.
Dated: 23rd May 2023
Workplace Relations Commission Adjudication Officer: John Harraghy
Trade dispute. Objection. |
Key Words: