ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002173
Parties:
| Worker | Employer |
Anonymised Parties | A Pipe Fittera | En Employment Agency |
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 - 00002173 | 23/01/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00002174 | 23/01/2024 |
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Date of Hearing: 11/06/2024
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 disputes and gave the parties an opportunity to be heard by me and to present to me any information relevant to the disputes.
The Worker attended the hearing on his own. I asked him if he had provided any submissions and he stated that he had furnished these to the WRC by hand several days previously. He also stated that the WRC reception desk had provided him with a receipt confirming that these submissions had in fact been delivered. When I asked him for a copy of this receipt, he stated that he did not have it with him and that he had it at home. I then explained to him that I would have to adjourn the hearing and await submissions from him, prior to arranging a further hearing.
He explained, however, that he had already provided significant documentation and did not want to adjourn the hearing, stating that I could proceed by relying on the information he had submitted. I informed him that I had reviewed all of the documentation but could not determine which dispute it related to, if any. He insisted that it was my responsibility to figure this out. I reminded him that, as these were his disputes, it was his responsibility to make relevant submissions for each one. I then reiterated my willingness to adjourn the matter to allow him time to submit the necessary submissions for each dispute.
He once again stated that he did not want to adjourn the matter and insisted that the hearing be recorded. I informed him that the recording of the hearings was not allowed and he stated that he would contact the Taoiseach’s office in relation to this.
I informed him once again that I was willing to adjourn the matter if he could not present relevant submissions for his disputes. I then specified each dispute before me and asked what submissions he could provide for each one. When he stated that he did not know what to present, I reiterated for the final time that I was willing to adjourn the matter to allow him to male the necessary submissions for each dispute.
As he once again refused the opportunity to adjourn, I explained to him that I would have to issue a recommendation in respect of all his disputes. He said that this was fine by him and the hearing then ended.
These disputes were heard in conjunction with several employment rights complaints, namely CA-00061297-01 - CA-00061297-011 (inclusive) and CA-00061297-014 - CA-00061297-020 (inclusive).
Background:
The Complainant commenced his employment as a Pipefitter with the Respondent on 20 March 2023. He referred two disputes in relation to his employment to the WRC. |
Summary of Workers Case:
The Worker did not present any relevant submission in relation to any of his disputes. |
Summary of Employer’s Case:
As the Worker did not present any relevant submission in relation to any of his disputes, the Employer did not present any replying submission. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
As the Worker did not present any relevant submissions in relation to his disputes, I cannot make a recommendation in relation to same. |
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 in relation to these disputes for the reasons set out above.
Dated: 29th July 2024.
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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