ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference:  IR - SC - 00003067

Dispute:

Workplace Relations Commission Adjudication Officer:  Úna Glazier-Farmer

Date of Hearing:              06/02/2025

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:

This dispute relates to a dispute relating to the bullying and harassment procedures.

Conclusions:

Section 23 (1) of the Industrial Relations Act 1990 (as amended) defines a worker for the purposes of industrial relations disputes as:-

“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”

Consequently, the Industrial Relations legislation cannot apply to a teacher in a secondary school.

Dated:   13-03-25

Workplace Relations Commission Adjudication Officer:  Úna Glazier-Farmer

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