ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: ADJ -00041044

Parties:

	Worker	Employer
Anonymised Parties	Employee	Childcare

Representatives

Glenn Cooper Dundon Callanan Solicitors

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	CA-00053130	14/01/2022

Workplace Relations Commission Adjudication Officer: Louise Boyle

Date of Hearing: 03/10/22, 06/03/2023, 15/05/2023

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.

Background:

The worker submits that the employer has failed to deal with her dispute appropriately.

Summary of Workers Case:

The worker submits that she has a dispute regarding her rate of pay including annual leave and the failures of the employer to respond to her queries.

Summary of Employer’s Case:

The employer submits that the worker has not progressed her dispute and the employer has dealt with her disputes appropriately.

Conclusions:

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The worker appears to have a number of disputes but which in the main appear to be with regards to pay, and the alleged failures of the employer to respond to her queries.

As per Section 3(2) of the Act:

Subject to the provisions of this section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to a rights commissioner.

I do not have jurisdiction, therefore, to hear the worker’s disputes with regard to rates of pay including annual leave.

The other part of the worker’s dispute is the manner in which she says the employer has refused to engage with her queries. I note that the worker has been employed with the employer since 2005 and remains in employment and it appear that while the worker appears to be struggling to move on from matters that arose in 2007, the employer also appears to have made the decision not to engage any further with the worker regarding her queries. Taking into consideration all the submissions that arise and owing to the unique circumstances of the dispute I recommend the worker be awarded €1,200 for the failures of the employer to respond appropriately and in a timely manner to the worker’s queries.

Recommendation:

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

Taking into consideration all the submissions that arise and owing to the unique circumstances of the dispute I recommend the worker be awarded €1,200 for the failures of the employer to respond appropriately and in a timely manner to the worker’s queries.

Dated: 2nd July 2024