ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001648
Parties:
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| Worker | Employer |
Anonymised Parties | A Worker | An Education Provider |
Representatives | SIPTU | IBEC |
Dispute:
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 - 00001648 | 10/08/2023 |
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Date of Hearing: 07/02/2024
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 and to present any information relevant to the dispute.
Background:
The worker has been employed since 2004 on a part-time basis. The nature of the contract is that minimum annual hours are guaranteed as per the circular. The worker has been seeking additional guaranteed hours to ensure she has a regular income. |
Summary of Workers Case:
The worker’s representative has raised the issue of irregular hours since last summer and the dispute remains unresolved. The existing contract is in dispute and the worker has not signed the contract due to the minimum hours offered. |
Summary of Employer’s Case:
The employer is confined to dealing with the issue as per the circular. There is a willingness to discuss the issue further with the worker and her representative to try and resolve, particularly as service requirements are likely to increase. |
Conclusions:
In conducting my investigation, I have considered all relevant submissions presented to me by the parties. Both parties have given a commitment to engage directly in good faith with a view to resolving the longstanding issue. There was an exchange of information between the parties that require further detailed discussion. There is an acceptance that based on the worker’s availability and the increasing service requirements, there is scope to reach a mutually satisfactory agreement. I recommend that the parties engage directly as soon as possible with a view to reaching a settlement. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the parties engage directly as soon as possible with a view to reaching a settlement.
Dated: 09th of February 2024
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Hours of Work |