Complainant

Respondent

Parties

Adrian  Murray

Bord Na Móna

Representatives

  In person

 IBEC

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946

CA-00058669-001

05/09/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 23 of the Industrial Relations (Amendment) Act, 2015

CA-00058669-002

05/09/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00058669-003

05/09/2023

The complaints relate to assertions made by the complainant that he did not receive the appropriate terms and conditions provided for in an Employment Regulation Order (ERO) and the Sectoral Employment Order for the Construction Industry. A further complaint relates to the complainant’s contention that he did not receive his core terms and conditions of employment in contravention of the Terms of Employment (Information) Act, 1994.

The respondent raised the preliminary point that the complainant is no longer an employee of the respondent, having been made redundant on 17th January 2024. The respondent’s position is that the complainant signed a settlement agreement which included a clause for full and final settlement of all claims relating to the employment. The respondent cited WRC Adjudication Decisions in Flanagan V Ulster Bank Ireland: ADJ-00052192 and Kenneally v Newtown Business Support Services Ltd: ADJ-00045779 in support of its position that the WRC does not have jurisdiction to hear the complaint and further cited the Labour Court Determination in the case of Audrey Sumaili v Abtran Unlimited TE/24/39 which the respondent contends also supports its position regarding jurisdiction.

The complainant represented himself at the adjudication hearing and outlined his complaints by way of oral submission. The complaints relate to alleged breaches of Section 45A of the Industrial Relations Act, 1946 and Section 23 of the Industrial Relations (Amendment) Act, 2015 vis a vis the payment of the appropriate terms and conditions of employment.

CA-00058669-001 – Employment Regulation Order (ERO) complaint

The complainant did not specify which ERO is applicable to his employment.

CA-00058669-002 – Sectoral Employment Order complaint

The complainant asserts that he is not paid in accordance with the terms of the SEO for the Construction Industry.

CA-00058669-003 – Breach of Terms of Employment (Information) Act, 1994.

The complainant contends that the respondent breached the legislation in relation to his terms and conditions of employment and the notification of those changes to him as they occurred during the employment.

CA-00058669-001 – Employment Regulation Order (ERO) complaint

The respondent contends that the complaint is misconceived as the complainant’s employment is not covered by the terms of any ERO. On that basis the respondent contends that the complaint should be dismissed.

CA-00058669-002 – Sectoral Employment Order complaint

The respondent contends that the complaint is misconceived as the complainant’s employment is not covered by the terms of the Construction Industry SEO. On that basis the respondent contends that the complaint should be dismissed.

CA-00058669-003 – Breach of Terms of Employment (Information) Act, 1994.

The respondent’s position is that the complainant had the benefit of legal advice relating to his redundancy from the organisation and signed a settlement agreement which provided for a full and final settlement of all employment related matters including the legislation under which this complaint is brought. On that basis the respondent contends that the WRC does not have jurisdiction to hear the complaint. Notwithstanding, the respondent stated that the complainant’s terms and conditions of employment were collectively negotiated as part joint industrial relations council negotiations within the employment and notified to the complainant by virtue of those agreements.

CA-00058669-001 – Employment Regulation Order complaint

As the complainant’s employment is not covered by the terms of an ERO, I find that the complaint is misconceived.

CA-00058669-002 – Sectoral Employment Order complaint

As the complainant’s employment is not covered by the terms of the Construction Industry SEO, I find that the complaint is misconceived.

CA-00058669-003 – Breach of Terms of Employment (Information) Act, 1994.

I note that the complainant signed a settlement agreement at the time of his redundancy from the organisation in January 2024. The agreement, at Section 4.1 provides for full and final settlement of all claims relating to the employment. The complainant had the benefit of legal advice and the complainant’s solicitor is also a signatory to the agreement. Having considered the matter, I find that I do not have jurisdiction to hear the complaint.

CA-00058669-001 – Employment Regulation Order complaint

For the reasons stated above, I find that the complaint is misconceived and therefore not well founded.

CA-00058669-002 – Sectoral Employment Order complaint

For the reasons stated above, I find that the complaint is misconceived and therefore not well founded.

CA-00058669-003 – Breach of Terms of Employment (Information) Act, 1994.

For the reasons stated above, I find that the complaint is not well founded.

Employment Regulation Order, Sectoral Employment Order, Terms and conditions of employment.