ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00000810
Parties:
| Worker | Employer |
Anonymised Parties | A Social Worker | A Government Body |
Representatives | David Field, Forsa on 22/05/2023 | Employee Relations Department |
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 - 00000810 | 01/11/2022 |
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Date of Hearing: 22/05/2023, 18/07/2023 and 03/10/ 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.
This hearing was scheduled at the same time as that of the Worker’s colleague who had an identical dispute. The Worker along with both his colleague and their union representative attended the hearing on 22/05/2023. As extensive submissions had been provided which were too volumnious for the purposes of an industrial relations dispute and could not realistically have been dealt with in the allotted time for the hearing, I decided to adjourn the matter with the consent of the Worker’s representative and asked him to provide more brief and succinct submissions in advance of the next hearing day.
Although the Worker was notified in advance of the time and date of the rescheduled hearing, he chose not to attend and sought an adjournment at 8.08am on 18/07/2023 on the basis of “legal advices received”. As the Worker’s colleague had been allowed an adjournment on medical grounds and the cases were due to be held together, I granted his postponement request. Subsequently, on 03/10/2023, the Worker sent a further email at 9.13am after the start of the scheduled hearing, stating that neither he nor his colleague would be attending the hearing on that day.
Background:
In his complaint form, the Worker submitted that he should be paid at a higher grade than that which he was currently on. |
Summary of Workers Case:
The Worker did not attend the hearings on 18/07/2023 and 03/10/ 2023 to give relevant evidence in relation to his dispute. |
Summary of Employer’s Case:
The Employer attended all three scheduled hearings but did not present any evidence, |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
As the Worker failed to attend the hearings on either 18/07/2023 and 03/10/ 2023 to give evidence, I cannot make a recommendation that is favourable to him. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I cannot make a recommendation that is favourable to the Worker for the reasons set out above.
Dated: 21/02/2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
|