ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00053323
| Complainant | Respondent |
Anonymised Parties | A Worker | A Government Department. |
Representatives |
| Karen Duggan Chief State Solicitors Office |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial relations Act, 1969, | CA-00054991-003 | 10/02/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial relations Act, 1969, | CA-00055692-001 | 24/03/2023 |
Date of Adjudication Hearing: 08/03/2024
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Summary of Complainant’s Case:
The Complainant disagreed with the Respondent’s preliminary application. She stated that the adjudicator is entitled to hear this part of her complaint when hearing her other complaints. The Complainant made the decision not to file grievances in relation to the issues complained of in these complaints. She decided that she just wanted to forget about it all and just get on with it so she could keep her job. |
Summary of Respondent’s Case:
The Complainant is a civil servant employed by a state department. That means that she is excluded from the relevant definition of “worker” for the purpose of bringing a claim. S23 (1) In the Industrial relations Acts 1946-1976 “worker” does not include (a) a person who is employed by or under the State. The Adjudicator does not have jurisdiction to hear the above complaints.
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Findings and Conclusions:
CA-00055692 -001 and CA-00054991 – 003 IR act – I do not have jurisdiction to hear these matters. I am satisfied that the Complainant is a civil servant employed by a state department and as such she is excluded from the relevant definition of “worker” for the purpose of bringing a claim. S23 (1) In the Industrial relations Acts 1946-1976 “worker” does not include (a) a person who is employed by or under the State. Furthermore, I find that the Complainant made no attempts to resolve the alleged Industrial relations act claims with her Employer prior to filing the claims with the WRC. The complaints fail.
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Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
CA-00055692 -001 – The complaint fails. and CA 54991 – 003 – The complaint fails. |
Dated: 27-03-25
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Industrial Relations Act. Civil Servant. Worker. |
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