ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00049618
Parties:
| Worker | Employer |
Anonymised Parties | Service Operator | Food Production Facility |
Representatives | Ms. Ekaterina Koneva | Mr. Alastair Purdy SC, Alastair Purdy & Co. Solicitors |
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 | CA-00060966 | 24/07/2019 |
Workplace Relations Commission Adjudication Officer: Brian Dolan
Date of Hearing: 12th June 2023
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 Complainant commenced employment with the Respondent on 30th January 2017. At all relevant times the Worker’s role was referred to as that of “service operator”. On 27th July 2019, the Worker referred the present dispute, along with several other complaints under various legislation provisions, to the Commission. While the Complainant issued a global submission in respect of all matters, the subject matter of the dispute was considered at length in the parallel proceedings. In addition to the foregoing, the trade dispute was not pursued as a discrete matter during the hearing itself. In the matter of Nua Healthcare Services Limited -v- A Worker LCR22758, the Labour Court held as follows, “…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.” Having regard to the foregoing, I find that it would be inappropriate to issue a determination in relation to the present dispute. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I find that it would be inappropriate to issue a determination in relation to the present dispute. In such circumstances I do not recommend in favour of the Worker.
Dated: 08th February 2024
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Parallel Proceedings, Employment Rights |