ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00044386
Parties:
| Worker | Employer |
Anonymised Parties | A worker | An Employer |
Representatives |
| Alisia Mulvany Aaron McKenna Solicitors |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Industrial Relations Act 1969 (as Amended) | CA-00055330 | 6th March 2020 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 28th February 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:
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. The employer attended the hearing. The worker was aware of the details of the hearing. The hearing opened by allowing 15 minutes for him to attend, however, no appearance was made by the worker. |
Summary of Workers Case:
The worker did not attend the hearing but indicated in writing that he did not have the requisite 12 months service to avail of the provisions of the Act. |
Summary of Employer’s Case:
The employer attended the hearing and indicated that the worker did not have the requisite 12 months service to avail of the provisions of the Act. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. Although the worker did not attend the hearing of this matter, I am satisfied that he does not have the requisite service to avail of the provisions of the Act. |
Recommendation:
As the worker does not have the requisite 12 months services as per the Act, I am precluded from mating a recommendation under Section 13 of the Industrial Relations Act 1969.
Dated: 19/04/2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
IR Act – less than 12 months service – precluded from making a recommendation |