ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003158
| Worker | Employer |
Anonymised Parties | A claimant | A company |
Representatives | Non-attendance | Aoife McGookin |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complainant seeking adjudication under Section 13 of the Industrial Relations Act, 1969 | IR – SC - 3158 | 20/09/2024 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 10/02/2025
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:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. |
Summary of Workers Case:
The worker did not attend the hearing of this matter |
Summary of Employer’s Case:
The employer and their representative attended the hearing and confirmed that the person taking this dispute was not an employee. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The person taking this dispute was not an employee of the employer and therefore has no standing to take an Industrial Relations claim. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
The person taking this dispute was not an employee of the employer and therefore has no standing to take an Industrial Relations claim.
Dated: 11/02/25.
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
IR complaint – not an employee – no standing to take a claim |