ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00037800
Parties:
| Worker | Employer |
Anonymised Parties | Pilot | Helicopter Services |
Representatives | Self | Ronnie Neville Mason Hayes & Curran |
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 |
| 13/08/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 |
| 13/08/2020 |
Workplace Relations Commission Adjudication Officer: Brian Dalton
Date of Hearing: 8/04/2022
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
These disputes along with employment rights complaints were referred together. The Employment Rights case was heard, and a decision issued in 2022. At the hearing of the employment rights case the Employer stated they would not engage in the Industrial Relations referral. Arising from the withdrawal there was no realistic possibility of reaching a resolution of the trade dispute. Neither party has engaged with the WRC in over 2 years on the dispute as the issues between the parties were intrinsically linked to the employment rights determination. This recommendation must issue technically, as the dispute has not been formally withdrawn. |
Summary of Workers Case:
See above |
Summary of Employer’s Case:
See above |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The matters referred under the Industrial Relations Act were also comprehensively addressed as part of an employment rights referral. The Employer stated they would not engage in the resolution of the Industrial Relations referral. In this circumstance I must form the opinion that resolution of the trade disputes which is an entirely voluntary process cannot be achieved, and the merit of the employment grievances have been fully aired at an employment rights hearing. The employment relationship having ended I must conclude that the industrial relations disputes are resolved as the issues have been comprehensively addressed at an employment rights hearing. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
The employment relationship having ended I must conclude that the industrial relations disputes are resolved as the issues have been comprehensively addressed at an employment rights hearing and the subsequent decision.
Dated: 26/02/2025
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
Duplication with Employment Rights Case-no engagement from parties-elapse of time |