ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: IR - SC - 00003675

Parties:

	Worker	Employer
Anonymised Parties	Financial Accountant	Logistics Provider

Representatives

Alison McComiskey

IBEC West

Disputes:

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 - 00003675	19/01/2025

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Date of Hearing: 15/05/2025

Procedure:

The Complainant has brought a series of complaints against, and raised a number of disputes with the Employer with whom she was engaged from the 6th of July 2023 to the 31st of March 2023. These complaints and disputes issued by way of workplace relations complaint forms which were received by the WRC on the 8th and 9th of February 2025.

In accordance with Section 13 of the Industrial Relations Act of 1969 (as amended by the Workplace Relations Act 2015 so as to include Adjudication Officers) and where a trade dispute (not specifically precluded by Sect. 13) has been identified and has been referred to the Director General of the Workplace Relations Commission, the said Director General will then refer such a dispute to an Adjudication Officer, so appointed, for the purpose of having the said dispute heard in similar manner as has been set out in Section 41 of the Workplace Relations Act, 2015 and/or Section 13 of the Industrial Relations Act which allows the Adjudication Officer to Investigate a matter raised. The Adjudication Officer will additionally and where appropriate hear all relevant oral evidence/testimony of the parties and their witnesses and will also take into account any and all documentary or other evidence which may be tendered in the course of the hearing.

A Trade Dispute in this context will include any dispute between an employer and a worker which is connected with the employment or the non-employment, or with the terms and conditions relating to and/or affecting the employment of any person.

It is noted that Section 13 of the Industrial Relations Act of 1969 empowers me to make a recommendation or recommendations to disputing parties on foot of any investigation so conducted. In making such recommendations, I am obliged to set out my opinion on the merits of the dispute and the positions taken by the parties thereto. I note that any consideration on the merits of the dispute will include an examination of the efforts made by the parties to exhaust any and all internal procedures or structures which ought to have been utilised before bringing the dispute to the attention of the WRC.

Background:

Industrial Relations disputes are primarily heard on the basis of factual submissions provided by the respective parties. Relevant parties might be invited to give an oral recollection of events, facts and matters within their knowledge. Testimony may be subject to rebuttal by witnesses or other relevant contradicting evidence provided by the other side.

As the within matter is a dispute between parties and brought before the WRC using the Industrial Relations Acts it was heard in private and the recommendation is anonymised.

This hearing was to be conducted remotely as provided for in the Civil Law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/2020 which said instrument designates the Workplace Relations Commission as a body empowered to hold remote hearings pursuant to Section 31 of the Principal Act. The said remote hearing was set up and hosted by an appointed member of the WRC administrative staff. I am satisfied that no party would have been prejudiced by having this hearing conducted remotely. I am also satisfied that I was in a position to fully exercise my function and I made all relevant inquiries in the usual way.

The Complainant did not attend. I am satisfied that the Complainant was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 17th April 2025 - and emailed to the email address provided by the Complainant on the workplace relations complaint form. The Complainant had specifically agreed to communication by electronic means when filling out his complaint form.

From the Complaint form provided, I have discerned that the Complainant sought to raise issues with her Employer concerning disputes which had arisen the course of the employment.

Summary of Workers Case:

The Complainant did not particularise her disputes in a meaningful way.

On the evening before the hearing at circa 3pm the following email was notified to the Adjudication service:

Dear Workplace Relations Commissions Team,

I decline and refuse your offer of a Webex Hearing - you can update the series of names involved. There must be something of grave concern that an in person hearing is not possible.

Enough technicalities have failed within the WRC, however, duly noted for future reference, and in the correct hands.

Mr ****** only yesterday requested a new postponement form, 2 days prior to a webex hearing date. Thank you for all of the legal documents, which are also stored, and will be stored elsewhere. Dates, times and cross reference of names involved, available for future inspection, and in the correct hands.

Yours sincerely,

Sarah

This was deemed not to be a withdrawal of the Complainant’s disputes, and the matter remained in the list for hearing as scheduled. The Complainant did not attend.

Summary of Employer’s Case:

The Respondent was in attendance and ready to resist any dispute which might have been coherently raised in the course of a hearing.

Conclusions:

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

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

The Complainant did not attend and did not set out the merits of her case and the position being taken by her Employer. I can, in the circumstances, make no recommendation.

Dated: 14th July 2025