ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference:  IR - SC - 00002748

Parties:

Dispute:

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Date of Hearing:             11/11/2024

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 by me and to present to me any information relevant to the dispute.

Background:

The worker is a civil servant who was acting in a higher capacity from August 2020 to December 2023.  He disputes the withdrawal of the higher acting allowance.

Worker’s Case

The representative of the worker accepted that the Industrial Relations Act does not apply.

Employer’s case

It is submitted that the claimant cannot pursue a claim under the Industrial Relations Act because he is and was a civil servant, employed by or under the State.

Section 13 of the Industrial Relations Act 1969 states (in part):

"(2) Subject to the provisions of this section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part Vl of the Principal Act, a party to the dispute may refer it to a rights commissioner".

Section 23 of the Industrial Relations Act 1990 states inter alia:

"(l) In the Industrial Relations Acts, 1946 to 1976, and this Part, "worker" means ... . but does not include-

(a) a person who is employed by or under the State ... "

Recommendation:

I note that both parties accept that the Industrial Relations Act 1969 (as amended) does not apply to the worker in this case.

The relevant sections of the Act are:

Section 13(2) of the 1969 Act (as amended) provides in material part that:

“Subject to the provisions of this section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to [an adjudication officer]”

The ‘Principal Act’ referred to in the above section is the Industrial Relations Act 1946, section 2 of which sets out the relevant definition of ‘worker’ as including the following:

“any person of the age of fourteen years or upwards who has entered into or works under a contract with an employer whether the contract be for manual labour, clerical work, or otherwise, 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, other than

(a) a person who is employed by or under the State…” (emphasis added)

As the worker in this instant dispute is a person employed by the State I make no recommendation in the matter.

Dated:   10th January 2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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