ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00000615
Parties:
| Worker | Employer |
Anonymised Parties | Porter | Health Service |
Representatives | Ms. Martina Weir, SIPTU | Self-Represented |
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 - 00000615 | 01/09/2022 |
Workplace Relations Commission Adjudication Officer: Brian Dolan
Date of Hearing: 21/04/2023
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:
On 1st September 2022, the Worker referred a dispute within the meaning of the Act to the Commission. In circumstances whereby the Employer failed to object to the same within a statutory timeframe, the matter proceeded to hearing. Said hearing was convened for, and finalised on, 21st April 2023. In advance of the hearing, the Worker issued a substantial submission setting out a lengthy set of interactions with the Respondent. Prior to the commencement of the hearing, the parties spoke and indicated that they had reached a compromise in respect of the issues raised. |
Summary of the Workers Case:
The Worker, via his representative, advised that he had reached an acceptable compromise in relation to the dispute referred. |
Summary of Employer’s Case:
The Employer further confirmed that the parties had reached an acceptable compromise in relation to the dispute referred. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
In circumstances whereby the parties are in agreement as to the preferred outcome of the matter, I recommend that the same is finalised within three weeks of the date below. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I find in favour of the Worker. In this regard, I recommend that the Employer pay the Worker the sum of €3,000 to finalise the matter. Said compensation should be paid within three weeks of the date below.
Dated: 11/05/2023
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Compensation, Agreement |