ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003512
Parties:
| Worker | Employer |
Anonymised Parties | A Former Worker | A Health Provider |
Representatives | Self-Representative | HR Department |
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 - 00003512 | 05/12/2024 |
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Date of Hearing: 11/06/2025
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 dispute was referred to the Workplace Relations Commission on 5 December 2024. Therefore, any events which occurred after this date cannot be considered for the purpose of this Recommendation. The Worker appeared herself. She submitted she was employment with the Employer from 02 September 2020 to 04 October 2024. The Employer was represented by the HR Department and the General Manager. Submissions were received and exchanged in advance of the hearing. |
Summary of Workers Case:
It was the Worker's submission that she had to wait five months to receive a statement of her employment from her Employer. She submitted that the Employer “should have been proactive.” She outlined that requests were made on 18 October 2024, along with follow-up emails to the General Manager, but to no avail until March 2025. It was her submission that her dispute differed from the previous matter before the Workplace Relations Commission. When asked whether she had raised an internal grievance, she stated that she had sent numerous emails to her line manager during her employment. |
Summary of Employer’s Case:
It was the Employer’s submission that the Worker’s dispute had been previously dealt with by the Workplace Relations Commission decision of 12 March 2025, where an award of compensation was made. No internal grievance was raised. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. I find that I do have jurisdiction to make a Recommendation in this dispute, as the internal formal grievance procedures have neither been invoked nor exhausted. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute however, where the internal procedures have neither been invoked or exhausted, I find I have no jurisdiction to make a Recommendation.
Dated: 17-06-2025
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
No jurisdiction – IR Dispute |