ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00000518
Parties:
| Worker | Employer |
Anonymised Parties | Community Health Worker | Community Health Organisation |
Representatives | Mr. Michael Kerrigan, Fórsa Trade Union | No Appearance |
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 - 00000518 | 01/08/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000519 | 01/08/2022 |
Workplace Relations Commission Adjudication Officer: Brian Dolan
Date of Hearing: 08/06/2023
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the disputes to me by the Director General, I inquired into the disputes and gave the parties an opportunity to be heard by me and to present to me any information relevant to the disputes.
Background:
The Worker is a long standing employee of the Respondent organisation. On 8th June 2023, the Worker referred a dispute within the definition of the present Act to the Commission. Herein she alleged that the Employer failed to follow their own internal procedures and failed to reimburse the Worker for services that were essential for the discharge of her duties. In the absence of any formal objection from the Respondent, the matter proceeded in their absence. A hearing in relation to this matter was convened for, and finalised on, 8th June 2023. |
Summary of Workers Case:
The Worker alleged that the Employer failed to abide by their own internal policies and failed to reimburse her for the expenses arising from services that were essential for the discharge of her duties. |
Summary of Employer’s Case:
There was no appearance by or on behalf of the Respondent at the hearing as scheduled. Having reviewed the file, I am satisfied that the Employer was aware of the time, date and venue of the hearing. In such circumstances, the matter proceeded in their absence. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
At the hearing, the Worker’s representative agreed that the subject matter of the present disputes overlapped with the subject matter of a complaint brought under employment rights legislation.
In the matter of Nua Healthcare Services Limited -v- A Worker LCR22758, the Labour Court held as follows,
“…noting in particular that the worker has elected to have the facts of the matter addressed in law, the Court concludes that there can be no value from a trade dispute resolution standpoint in the Court purporting to address the underlying facts which have given rise to this trade dispute as an industrial relations matter.”
Having regard to the foregoing, I find that it would be inappropriate to make a recommendation in relation to the dispute as presented. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
IR – SC – 0000518
I do not recommend in favour of the Worker in relation to the dispute as referred.
IR – SC – 0000519
I do not recommend in favour of the Worker in relation to the dispute as referred.
Dated: 14th November 2023
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance, Employment Rights |