ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001753
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | An Academic Institution |
Representatives | Annette Dolan Teachers Union of Ireland (TUI) | Laura Kerin IBEC |
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 - 00001753 | 07/09/2023 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 08/08/2024
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 dispute was heard in Lansdowne House. |
Summary of Workers Case:
The worker referred a case regarding the individual impact of a collective payment agreement. It was noted that “what is in dispute here is the mechanism by which she has progressed and how it affects her current and future earnings and her pension going forward”. |
Summary of Employer’s Case:
The employer submitted that the case revolves around a collective agreement and is therefore outside the scope of a recommendation from the WRC. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The employer has submitted that the dispute is collective in nature and is outside the remit of the WRC within the individual Industrial Relations mechanism. The worker submitted that the circumstances are unique and accordingly, the dispute can be dealt with as an individual dispute under the industrial Relations process. Having considered the issue raised, I am of the belief that any recommendation that I would make would have a collective effect on a group of workers and is therefore outside the remit of the WRC individual dispute process. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Any recommendation that I would make would have a collective effect on a group of workers and is therefore outside the remit of the WRC individual Industrial Relations dispute process.
Dated: 08th August 2024.
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
IR dispute – collective agreement on pay – outside the individual dispute process |