ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001470
Parties:
| Worker | Employer |
Anonymised Parties | Social Care Manager | A Government Department |
Representatives |
| Maria Browne - Chief State Solicitor Chief State Solicitor's Office |
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 - 00001470 | 20/06/2023 |
Workplace Relations Commission Adjudication Officer: Roger McGrath
Date of Hearing: 01/05/2024
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(s).
Background:
The worker brought a claim against a named employer. Preliminary Matter At the outset of the hearing the named Respondent (a Government Department) submitted that it was not and is not the employer of the worker. In addition, the named employer put forward that even if it was the employer, the worker would not be permitted to take a claim under this legislation, as s.23.1 of the Industrial Relations Act 1990 excludes from the definition of a worker “(a) a person who is employed by or under the State,”. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
I find the worker was not employed by the named employer. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the worker accept that this complaint was not made against her employer.
Dated: 8th July 2024
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
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