ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ 50499
| Worker | Employer |
Anonymised Parties | An Office Worker | An Engineering Company |
Representatives | Aidan Duggan O'Reilly Doherty & Co. | Setanta Landers Setanta Solicitors |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Dispute seeking adjudication under Section 13 of the Industrial Relations Act 1969 (as amended) | CA-00053937-003 | 30/11/2022 |
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Date of Hearing:
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:
The Worker commenced employment with the Respondent as a part – time accounts administrator on 16 November 2021. She stated that she was unfairly dismissed from her employment on 31 August 2022 because of leave she had taken as a result of her disability. |
Summary of Workers Case:
The Worker stated that she was unfairly dismissed from her employment because of leave she had taken as a result of her disability. |
Summary of Employer’s Case:
The Employer stated that the Worker was dismissed because an experienced accounts technician was required on a full-time basis and as such the Worker’s part-time role was no longer needed. |
Conclusions:
In the case of Mental Health Commission v A Worker (LCR 22316), the Labour Court stated: The Worker accepted at the outset of the Court hearing that she was pursuing this appeal under the Industrial Relations Act in addition to a separate case under the Employment Equality Acts and that both cases are based on the same set of facts. Therefore, the Court notes that the dispute between the parties is being pursued as a matter of employment law under the Employment Equality Acts and that it would be inappropriate for the Court to recommend concession of the Worker’s claim under the Industrial Relations Act. I note that in the instant case the Worker is also seeking to pursue a separate case under the Employment Equality Acts, see ADJ 43403, and that both cases are based on the same sets of facts. Accordingly, I cannot make a recommendation in favour of the Worker in respect of this particular dispute. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I cannot make a recommendation in favour of the Worker in respect of this particular dispute for the reasons set out above.
Dated: 4th of April 2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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