ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00036424
Parties:
| Worker | Employer |
Anonymised Parties | A Teacher | An Education and Training Board |
Representatives | Fergal Fitzgerald Doyle BL | Cathy McGrady BL instructed by Catherine Kelly 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 | IR - SC - 00000001 | 13/12/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000002 | 13/12/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000003 | 13/12/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000004 | 13/12/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000005 | 13/12/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000006 | 27/03/2022 |
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Date of Hearing: 26/07/2024
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.
Background:
The Worker commenced his employment as a Teacher with the Employer in January 2009. He referred several disputes with his Employer to the WRC for investigation on 13 December 2021. |
Summary of Workers Case:
The Worker commenced his employment as a Teacher with the Employer in January 2009. He referred several disputes with his Employer to the WRC for investigation on 13 December 2021. |
Summary of Employer’s Case:
The Employer stated that as the Worker is a teacher, I do not have jurisdiction to hear this dispute. |
Conclusions:
Preliminary Matter:
As the Worker is a teacher, section 23 of the Industrial Relations Act 1990 as amended by section 44 of the Industrial Relations Amendments Act 2015 applies. The said section provides: 23.—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “Worker” means a member of the Garda Síochána referred to in subsection (1A) and any person aged 15 years or more who has entered into or works under or, where the employment has ceased, worked under) a contract with an Employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) but does not include— (a) a person who is employed by or under the State, (b) a teacher in a secondary school, (c) a teacher in a national school, (ca) a teacher employed by an education and training board, |
Recommendation:
As the Worker is a teacher, section 23 of the Industrial Relations Act 1990 as amended by section 44 of the Industrial Relations Amendments Act 2015, as set out above, applies and I cannot therefore make a recommendation in relation to these disputes.
Dated: 14-01-2025
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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