ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002083
Parties:
| Worker | Employer |
Anonymised Parties | A Public Servant | A Public Service Employer |
Representatives | A Representative Body | 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 - 00002083 | 01/01/2024 |
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Date of Hearing: 07/05/2024
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 and to present any information relevant to the dispute. The hearing was held in the Hearing Rooms of the Workplace Relations Commission (WRC), Cork. Detailed submissions were made by both sides in advance of the hearing.
Background:
The dispute relates to a lengthy investigation process and whether matters were investigated in accordance with agreed procedures. |
Summary of Workers Case:
The worker’s representative outlined the background to the dispute and questioned whether the investigation was conducted in accordance with agreed procedures. |
Summary of Employer’s Case:
The employer’s representative asserted that the procedures were followed in full. It was also confirmed that the matters before the adjudicator are the subject of pending legal proceedings. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The role of an adjudicator under Section 13 of the Act is to make a recommendation setting forth an opinion on the merits of the dispute. This is based on the voluntary participation of both sides to engage in good faith with a view to the settlement of the dispute. As this is an industrial relations process, with the parties seeking a recommendation, the full legal formalities are not engaged. As it was confirmed by both sides during the hearing that legal matters are ongoing on the same or similar issues, the voluntary process of industrial relations is not an appropriate forum for this dispute. Therefore, I recommend that both parties accept that the industrial relations process is not the appropriate forum to address this dispute, particularly when legal proceedings are already underway. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that both parties accept that the industrial relations process is not the appropriate forum to address this dispute, particularly when legal proceedings are already underway.
Dated: 28-05-2024
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Industrial relations and legal proceedings |