ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002088
Parties:
| Worker | Employer |
Anonymised Parties | A Teacher | A School |
Dispute:
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 - 00002088 | 04/01/2024 |
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Date of Hearing: 09/04/2024
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:
This dispute relates to a grievance lodged in September 2023. |
Conclusions:
Section 23 (1) of the Industrial Relations Act 1990 (as amended) defines a worker for the purposes of industrial relations disputes as:-
“23.—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means a member of the Garda Síochána referred to in subsection (1A) 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 including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) but does not include—
(a) a person who is employed by or under the State, (b) a teacher in a secondary school, (c) a teacher in a national school, (ca) a teacher employed by an education and training board”
The Employee accepted that his employer was not the Employer named but an education and training board. This complaint was initiated against an entity who is not his Employer. Consequently, the Industrial Relations legislation cannot apply. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I am making no recommendation.
Dated: 02-08-2024
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Recommendation. |