ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001651
Parties:
| Worker | Employer |
Anonymised Parties | Worker | Employer |
Representatives | Self-represented | Self-represented |
Disputes:
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 - 00001651 | 10/08/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act 1969 | IR - SC - 00001652 | 10/08/2023 |
Workplace Relations Commission Adjudication Officer: Kara Turner
Date of Hearing: 30/01/2024
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:
On 10 August 2023, the Worker referred the above-referenced disputes to the Commission, along with a number of complaints under various employment rights enactments. The trade disputes were not pursued as a discrete matter during the hearing however they were expressed in the complaint form to be in respect of disciplinary sanctions up to and including dismissal and the Employer’s bullying and harassment procedures. It is noted from the Worker’s oral presentation of her complaints that there was no disciplinary sanction imposed during the Worker’s employment and that the Worker’s claim of constructive dismissal is the subject of a decision under the Unfair Dismissals Acts 1977-2015. I further note that the matter of harassment procedures is addressed in the context of the Worker’s case under the Employment Equality Acts 1998-2015. The facts did not support bullying or a complaint of bullying. I have had regard to the determination of the Labour Court in Nua Healthcare Services Limited -v- A Worker LCR22758 where it stated:- “…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.” In circumstances where the facts underlying the trade disputes in this case have been addressed in law, I conclude that there can be no value in addressing the same facts as an industrial relations matter. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
For the reasons set out above, I recommend that the parties accept that that the industrial relations disputes are resolved and closed.
Dated: 30/04/2024
Workplace Relations Commission Adjudication Officer: Kara Turner
Key Words:
Parallel facts – Employment rights |