Worker

Employer

Anonymised Parties

A Medical Administrator

A Health Service Prrovider

Representatives

Self Represented

 A HR Manager

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 - 00001376

04/05/2023

The Worker alleged in her complaint form that her dispute was under “Bullying and harassment procedures” and subsequently expanded the complaint that the Employer failed to follow its own the dignity and grievance policies and the Code of Practice on Grievance and disciplinary Procedures (SI No. 148. 2000). A full hearing into all the issues involved was held.

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The Industrial Relations Act, 1946 (as amended) defines a Trade Dispute in the following manner:

“The expression “trade dispute” means any dispute or difference between employers and workers or between workers and workers connected with the employment or non-employment, or the terms of the employment, or with the conditions of employment, of any person  and includes any such dispute or difference between employers and workers where the employment has ceased,;

The Industrial Relations Act, 1990 defines the word “worker” as used in the Industrial Relations Acts in the following manner:. Section 3. (1) states “In the Industrial Relations Acts, 1946 to 1976, and this Part, “ worker” means a member of the Garda Síochána referred to in subsection and any person aged 15 years or more who has entered into or works under  or, where the employment has ceased, worked under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour……….”

At the hearing it was set out by the Employer that the Worker was employed by an Agency and not the Employer. The Worker understood she became an Employee of the Employer from the Protection of Employees (Temporary Agency Work) Act, 2012. This is not a correct assessment of the situation. The Worker was entitled to the stated protections of that Act. The Worker remained an Employee of the Agency at all times. Therefore, within the meaning of the Acts, the Worker had never been an employee of the Employer and that an employment relationship had never existed between the parties.

In those circumstances the Adjudicator concludes that no trade dispute within the meaning of the Acts is in being between the parties and consequently the Adjudicator, having regard to its jurisdiction under the Industrial Relations Act, 1969, is unable to conduct an investigation of the matter or to make a Recommendation.

In those circumstances the Adjudicator concludes that no trade dispute within the meaning of the Acts is in being between the parties and consequently the Adjudicator, having regard to my jurisdiction under the Industrial Relations Act, 1969, is unable to conduct an investigation of the matter or to make a Recommendation.

Trade Dispute