Recommendation
Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002176
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| Worker | Employer |
Anonymised Parties | A General Operative | A Hospital |
Representatives | Joseph Ateb, SIPTU | Emily Maverley, IBEC |
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 - 00002176 | 31/01/2024 |
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Date of Hearing: 17/06/2024
Procedure:
In accordance with section 13 of the Industrial Relations Act 1969 (as amended), this dispute was assigned to me by the Director General. At a hearing on June 17th 2024, I made enquiries and gave the parties an opportunity to be heard and to put forward their positions in relation to the dispute.
The worker did not attend the hearing, but he was represented by Mr Joseph Ateb of SIPTU. The employer was represented by Ms Emily Maverley of IBEC. Also in attendance was a member of the hospital’s HR team. As the subject matter is a dispute under section 13 of the Industrial Relations Act 1969, the hearing took place in private and the parties are not named but are referred to as “the worker” and “the employer.”
The Employer has Been Incorrectly Named:
In a submission provided in advance of the hearing, Ms Maverley said that the worker is not an employee of the employer and that he is employed by a named sub-contractor. At the commencement of the hearing, Mr Ateb, on behalf of the worker, submitted that an error had been made in the naming of his employer and he conceded that the wrong employer is named on the complaint form. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
At the hearing, there was no disagreement between the representatives of the worker and the employer that the wrong employer has been named on the complaint form. I recommend therefore, that the employer takes no further action in relation to this matter. |
Dated: 26/06/2024
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Employer has been incorrectly named |