ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference:
ADJ-00029263
| Worker | Employer |
Anonymised Parties | Training Instructor | Service Provider |
Representatives | Anthony Mcintyre Independent Workers Union | Daire Ferguson IBEC |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | ADJ-00029263 | 07/08/2020 |
Workplace Relations Commission Adjudication Officer: Brian Dalton
Date of Hearing: 10/04/2025
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:
The worker was absent from her place of work. The circumstances of that long term absence were complex, and the worker believed that she could not go back to her place of work. The employer has several sites. The worker also was involved in instruction and the position she held was not available at a site that was reasonably commutable. The dispute was about facilitating the worker with a position in the wider group so that she could return to work. The nature of the employer’s activities requires attendance at a site. |
Summary of Workers Case:
The worker has been on long term absence in connection with a difficult personal issue and related work incident in her view. |
Summary of Employer’s Case:
The employer cannot create a role unless there is a need for it. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The worker is willing to accept another role in a centre near her and the Company is willing to assign the worker to another area allowing for her skill and experience to carry out the role. A secretarial role has been identified and discussed between the parties that includes being placed on the top of the scale for that role and its location that is commutable, and the centre has been identified. The worker will move to that role on the 1st of May 2025 and the organisation will collaborate with the worker with regard to a movement to her old role when one becomes available at the centre that is commutable. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
A secretarial role has been identified and discussed between the parties that includes being placed on the top of the scale for that role and its location that is commutable, and the centre has been identified.
The worker will move to that role on the 1st of May 2025 and the organisation will collaborate with the worker with regard to a movement to her old role when one becomes available at the centre that is commutable.
Dated: 15th of April 2025
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
Return to work |