ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002423
Parties:
| Worker | Employer |
Anonymised Parties | A Concierge | A Hotel and Golf Resort |
Representatives | Anthony McIntyre Independent Workers Union | Kevin Lynch B.L. |
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 - 00002423 | 28/03/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act 1969 | IR - SC - 00002424 | 28/03/2024 |
Workplace Relations Commission Adjudication Officer: Christina Ryan
Date of Hearing: 05/11/2024
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the disputes to me by the Director General, I inquired into the disputes and gave the parties an opportunity to be heard by me and to present to me any information relevant to the disputes.
This matter was heard by way of a remote hearing on the 5th November 2024 pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.
The Worker’s union representative was in attendance however there was no appearance by the Worker. The Employer was represented by legal representation and three employees were attendance at the hearing.
I received and reviewed submissions and documentation in advance of the hearing.
As this is a trade dispute under Section 13 of the Industrial Relations Act 1969, the hearing took place in private and the parties are not named. They are referred to as “the Worker” and “the Employer”.
Background:
The disputes were received by the Workplace Relations Commission (hereinafter referred to as “the WRC”) on the 28th March 2023. |
Summary of Workers Case:
The Worker’s union representative attended the hearing. The Worker did not attend the hearing. I am satisfied that the Worker was informed in writing of the date, time and venue at which the hearing to investigate the disputes would be held. |
Summary of Employer’s Case:
The Employer attended the hearing along with its representatives and was ready and willing to present a case. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
At the time the hearing was to commence, it was apparent that there was no attendance by the Worker. I am satisfied that the Worker was on notice of the date, time and venue of the hearing to investigate the disputes and I waited some time to accommodate a late arrival. In these circumstances I do not recommend in favour of the Worker. I recommend that the disputes be considered closed. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
As I am satisfied that the Worker was on notice of the hearing and did not attend to outline his disputes, I do not recommend in favour of the Worker.
I recommend that his disputes with the Employer should be considered closed.
Dated: 18th November 2024
Workplace Relations Commission Adjudication Officer: Christina Ryan
Key Words:
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