Worker

Employer

Anonymised Parties

A Secondary School Teacher

A Secondary School

Representatives

Self-represented 

Fiona Sheil, solicitor, Mason Hayes & Curran

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 - 00004335

21/05/2025

The Worker referred her dispute to the Director General of the WRC on 21 May 2025. The dispute relates to a decision to place the Worker on administrative leave, which the Worker believed was not fair or appropriate.

The Employer was notified of the dispute on 27 May 2025 and was given an opportunity to respond within 21 days, if it wished to object to the matter being investigated under section 13 of the Industrial Relations Act 1969.  When no objection was received, on 22 October 2025, the parties were notified that an adjudication hearing would take place on 3 December 2025.

On 23 October 2025, the Employer’s solicitor wrote to the WRC and submitted that a secondary school teacher was excluded from the definition of “worker” at section 23(1) of the Industrial Relations Act 1990 and that the WRC had no jurisdiction to conduct an investigation where one of the parties is not a worker.  

The Worker accepted that, as a secondary school teacher, she was excluded from the scope of the Act. The Worker submitted that at the time of the referral of her dispute she was not aware that the legislation under which she brought her complaint did not cover her profession.

The Employer’s position was that a secondary school teacher was excluded from the definition of “worker” at section 23(1) of the Industrial Relations Act 1990 and that the WRC had no jurisdiction to conduct an investigation where one of the parties is not a worker.  

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

Section 13 of the Act gives jurisdiction to an Adjudication Officer of the Workplace Relations Commission to investigate trade disputes between a ‘worker’ and an employer. The definition of ‘worker’ for the purposes of the Industrial Relations Acts 1946 as amended is found in section 23 of the Industrial Relations Act 1990 and it is as follows:

“’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”.

It is evident that teachers in secondary schools are not encompassed by the definition of “worker”. I have no jurisdiction to conduct an investigation where one of the parties to the dispute is not a “worker,” as defined by section 23(1) of the Industrial Relations Act 1990. Consequently, I have no jurisdiction to investigate the Worker’s dispute and/or issue any recommendation in relation to same.  

I have no jurisdiction under section 13 of the Act to investigate the matter in dispute between the Worker and the Employer.

Secondary school teacher – no jurisdiction-