ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR-SC-00047754
Parties:
| Worker | Employer |
Anonymised Parties | Nurse | Hospital |
Representatives | Krystian Boino Boino Solicitors | Cait Lynch |
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-00047754 | 24/05/2021 |
Workplace Relations Commission Adjudication Officer: Brian Dalton
Date of Hearing: 13/02/2023
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 matter before me related to the calculation of leave entitlements. On the facts the dispute does relate to a body of workers relating to pay, hours of work and their annual leave: (2) Subject to the provisions of this section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to a rights commissioner.
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Preliminary Matter
As the dispute relates to a body of workers pursuant to section 13(2) of the Act I have no jurisdiction to hear the dispute.
Summary of Workers Case:
See preliminary matter |
Summary of Employer’s Case:
See preliminary matter |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute. As the dispute relates to a body of workers pursuant to section 13(2) of the Act I have no jurisdiction to hear the dispute. I decline to hear the case |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
As the dispute relates to a body of workers pursuant to section 13(2) of the Act I have no jurisdiction to hear the dispute.
I decline to hear the case
Dated: 04/10/2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No jurisdiction – A body of Workers |