ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001616
Parties:
| Worker | Employer |
Anonymised Parties | A Former Associate | A Director / A Company |
Disputes:
Act | Dispute Reference No. | Date of Receipt |
Dispute seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act 1969 | IR - SC - 00001616 | 03/08/2023 |
Dispute t seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act 1969 | IR - SC - 00001617 | 03/08/2023 |
Dispute seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act 1969 | IR - SC - 00001618 | 03/08/2023 |
Dispute seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act 1969 | IR - SC - 00001619 | 03/08/2023 |
Dispute seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act 1969 | IR - SC - 00001620 | 03/08/2023 |
Dispute seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act 1969 | IR - SC - 00001621 | 03/08/2023 |
Workplace Relations Commission Adjudication Officer: Aideen Collard
Date of Hearing: 01/12/2023
Procedure:
The Worker referred these disputes to the Workplace Relations Commission (hereinafter ‘WRC’) pursuant to Section 13 of the Industrial Relations Act 1969 on 3rd August 2023 against a named Director of a Company and/or the Company. There had been no objection to the WRC investigating these disputes within the requisite time-limit. Following delegation to me by the Director, I inquired into these disputes and gave the Parties an opportunity to be heard and to present any relevant evidence. I heard these disputes by remote hearing on 1st December 2023 pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020. The Worker was self-represented and the named Director and Company were represented by Mr Jason Murray BL instructed by McCartan & Burke Solicitors. As Section 13(8) of the Act provides that such hearings shall be held in private, accordingly, I direct that any information that might identify the Parties within this recommendation should not be published.
Summary of Worker’s Case:
The Worker asserted that he had a subsisting employment relationship and various agreements with the named Director of the Company which were subject to an ongoing dispute. However, he was unable to provide any coherent evidence or documentation supporting any prior or subsisting employment relationship. The dispute/s appeared to arise from a prior personal association with the named Director.
Summary of Employer’s Case:
Whilst no formal objection to the WRC investigating these disputes had been made within the requisite time limit, Counsel on behalf of the named Director and Company indicated that they would not be engaging in these disputes where there was no employment relationship or related trade dispute.
Conclusions on the Dispute:
The dispute/s referred must constitute a “trade dispute” as statutorily defined to fall within the jurisdiction of the WRC to investigate same. For the purposes of disputes referred to the WRC under Section 13(2) of the Industrial Relations Act 1969, a “trade dispute” is defined by Section 3 of the Industrial Relations Act 1946 as follows: “the expression “trade dispute” means any dispute or difference between employers and workers or between workers and workers connected with the employment or non-employment, or the terms of the employment, or with the conditions of employment, of any person and includes any such dispute or difference between employers and workers where the employment has ceased,” I have carefully considered the relationship between the Worker and the named Director and subject-matter of his dispute/s and given that they relate to a prior personal association, do not consider that they constitute a “trade dispute”.
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to these disputes. Based upon the aforesaid conclusions, I recommend no concession in relation to these disputes.
Dated: 02-02-2024
Workplace Relations Commission Adjudication Officer: Aideen Collard