ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002750
Parties:
| Worker | Employer |
Anonymised Parties | A porter | A hospital |
Representatives | Jamie Murphy Independent Workers' Union | Mark Comerford 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 | IR - SC - 00002750 | 11/06/2024 |
Workplace Relations Commission Adjudication Officer: Jim Dolan
Date of Hearing: 14/03/2025
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 is employed by the respondent as a Hospital Porter; employment commenced in 2012, and the worker carries out most of his work on nightshift. This complaint was received by the Workplace Relations Commission on 11th June 2024.
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Summary of Workers Case:
The worker states that he is currently taking part in lawful industrial action alongside his colleagues. The industrial action is a work to rule. The worker states that his trade union has followed all steps necessary in the Industrial Relations Act 1990, however the worker states he has been disciplined by his employer for engaging in industrial action. The worker believes this is a clear example of penalisation and requests the adjudication officer makes a decision on this. |
Summary of Employer’s Case:
The employers position is that they have acted fairly and reasonably at all times despite efforts by individuals to conflate the issues of IWU recognition and the worker’s refusal to follow the instructions of management, which the employer submits are two completely separate and different issues. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The employer has not penalised the worker for being a member of the IWU. The employer refuses to recognise the IWU as the representative trade union for this group of workers, this is the employer’s right to do so.
I cannot make a recommendation in favour of the worker.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I cannot make a recommendation in favour of the worker.
Dated: 12-11-25
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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