ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: IR - SC - 00001259

Parties:

	Worker	Employer
Anonymised Parties	A Teacher	An E & TB

Representatives

Self-Represented

HR Manager

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 - 00001259	09/04/2023

Workplace Relations Commission Adjudication Officer: Michael McEntee

Date of Hearing: 22/09/2023

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.

Opening Legal Point / Jurisdictional Issue

The Worker is employed as a Techer by an Education and Training Board.

As such he is covered by Section 23 of the Industrial Relations Act,1990 as amended by section 44 of the Industrial Relations Amendment Act,2015 – The 1990, Act is quoted below

Industrial Relations Generally

“Worker”.

23.—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “Worker” means a member of the Garda Síochána referred to in subsection (1A) andany person aged 15 years or more who has entered into or works under or, where the employment has ceased, worked under) a contract with an Employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) but does not include—

(a) a person who is employed by or under the State,

(b) a teacher in a secondary school,

[(ca) a teacher employed by an education and training board,

(Underline by Adjudication Officer)

Accordingly, the Adjudication Officer does not have proper jurisdiction to hear this dispute and must close the case under the Industrial relations Act,1969.

Recommendation:

IR: - SC - 00001259

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

As the Adjudication Officer has no proper Legal jurisdiction to hear the dispute the case is closed. No Recommendation can, legally, be made.

It was noted that the Employer publicly stated for the record that the Worker in this case was a very valued member of staff who had and continues to make a great contribution to the School. It was hoped that local processes would satisfactorily resolve outstanding issues.

Dated: 22/01/2024