Worker

Employer

Anonymised Parties

A Worker

 A State Body

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 - 00001748

06/09/2023

The Worker is employed as an Administrative Officer since 2017.

The Worker was appointed as an Administrative Officer in May 2019. Circular 8/2019 Revised Arrangements Applying to Starting pay which issued in May 2019 was not applied to the Workers contract of employment.

On 21 June 2023 the Worker was repaid 69,688.93 euro which was underpaid. The Worker seeks compensation for the significant underpayment, loss, distress and additional tax paid of 2,000 euro. The Worker only found out about the Circular by chance, and was never contacted about it.

The Employer denies that there has been any breach of obligation and submits that the Worker is not entitled to a recommendation.

The Employer understands the underpayment occurred due to the non-application of Circular 8/2019 2019 Revised Arrangements Applying to Starting pay was due to an oversight. This was fully paid to the Worker in June 2023.

The Employer raises a preliminary objection to the complaint and objects to the application of S13 of Industrial Relations Act 1969 to the complaint. The Employer submits the Workplace Relations Commission does not have jurisdiction to hear the complaint as the definition of “worker” S23 of the Industrial Relations Act 1990 does not include a person employed by the State.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The Worker is an Administrative Officer employed by a State Body. S 13 of the Industrial Relations Act 1969 provides that an Adjudication Officer may investigate a trade dispute which exists or is apprehended and involves “workers”.

13.—(1)

(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 VI of the Principal Act, a party to the dispute may refer it to a rights commissioner.

(3) (a) Subject to the provisions of this section, a rights commissioner shall investigate any trade dispute referred to him under subsection (2) of this section and shall, unless before doing so the dispute is settled—

(i) make a recommendation to the parties to the dispute setting forth his opinion on the merits of the dispute, and

(ii) notify the Court of the recommendation.

(b) A rights commissioner shall not investigate a trade dispute—

(i) if the Court has made a recommendation in relation to the dispute, or

(ii) if a party to the dispute notifies the commissioner in writing that he objects to the dispute being investigated by a rights commissioner.

23.—(1) of  the Industrial Relations Acts, 1946-1990 defines “worker”

“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,

……….

As the Worker is a person employed by the State, I do not have jurisdiction to consider the complaint. I make no recommendation in relation to the dispute.