Complainant

Respondent

Anonymised Parties

An Employee

An Employer

Representatives

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005

CA-00059176-002

02/10/2023

The Complainant issued a dispute under Section 13 of the Industrial Relations Act via the online Complaint Form on 2 October 2023.  

Following a request in writing from the Complainant a complaint pursuant Section 28 of the Safety, Health & Welfare at Work Act, 2005 was substituted to the complaint file.

The Respondent raised an objection as to my jurisdiction to hear the complaint under Section 28 of the Safety, Health & Welfare at Work Act, 2005 on the basis it was the administration arm of the Workplace Relations Commission who added the complaint. The Complainant opposed this application on the basis there was a lacuna in the WRC Complaint Form.

Having considered the matter carefully, I note the following:-

The Complaint Form was received by the WRC on 2 October 2023 seeking to have a trade dispute investigated pursuant to Section 13 of the Industrial Relations Act 1969.

By letter dated 13 October 2023, the Respondent was notified of the dispute and requested to complete the enclosed form and return it to the Carlow office  respond,  “within 21 days of the date of this letter.” It continues; “Failure to reply to this enquiry form within the period specified will be regarded as consent to an investigation by an Adjudication Officer under Section 13 of the Industrial Relations Act 1969, and the dispute will proceed for a hearing on the earliest date.”

The procedure referenced in this letter is provided for within Section 36 (1) of the Industrial Relations Act 1990:

“36.—(1) An objection under section 13 (3) (b) (ii) of the Industrial Relations Act, 1969 , by a party to a trade dispute to an investigation of the dispute by a rights commissioner shall be of no effect unless it is notified in writing to the commissioner within three weeks after notice of the reference of the dispute to the commissioner has been sent by post to that party.”

The Respondent did object to the investigation of the trade dispute, signed and dated it 3 November 2023. The objection was received by the WRC via email on 3 November 2023 which was within the 3-week period provided for under Section 36 (1).

Consequently, the Respondent is deemed to objected to the investigation by the WRC.

For those reasons, I do not have jurisdiction to investigate the trade dispute between the parties. CA-00059176-001 - Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act 1969 remains open.

In respect of CA-00059176-002, the Complainant under Section 28 of the Safety, Health & Welfare at Work Act, 2005 which was added by the file on 2 January 2024 by the administration of the WRC, I have no jurisdiction to hear this complaint as it came after the objection was received.

This dispute has been anonymised as it was originally an industrial relations matter.

I do not have jurisdiction to hear this dispute.

IR – jurisdiction.