ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001759
Parties:
| Worker | Employer |
Anonymised Parties | An Employee | A Doctor |
Representatives |
| Liam Moloney Moloney&Co. Solicitors |
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 - 00001759 | 10/09/2023 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 18/01/2024
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 dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The worker provided an incorrect address on the application form. The employer objected to the hearing of this matter on the basis that he was within the appropriate time frame to do so. |
Summary of Workers Case:
The worker took a complaint regarding the operation of the bully and harassment procedures. The worker is no longer employed by the employer. |
Summary of Employer’s Case:
The employer objected to the hearing of this matter |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The worker provided an incorrect address on the application form. This resulted in the notice of the complaint being sent to the wrong address. The employer only became aware of the complaint on 6 December 2023 and submitted an objection to the hearing of the complaint on 11 January 2024. An employer can legitimately object to the hearing of a complaint within three weeks of receiving notification by post of the complaint. In the circumstances, where Christmas and the new year period intervened, I am satisfied that the employer objected to the hearing of this matter within 3 working weeks of the receipt of the notification to the correct address. As the employer has submitted an objection to the hearing of this matter within the required time period, I am precluded from proceeding to hear this matter and issuing a recommendation. |
Recommendation:
On the basis that the employer objected to the hearing of this complaint within the timeframe provided for in the Act, I am precluded from making a recommendation in relation to this dispute.
Dated: 18th January 2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
IR complaint – wrong address provided – late notification – late objection – within timeframe allowed by the Act. |