ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003884
Parties:
| Worker | Employer |
Anonymised Parties | A Medical Scientist | Hospital “A” |
Representatives | Self-Represented | Adrian Norton of IBEC |
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 - 00003884 | 01/03/2025 |
Workplace Relations Commission Adjudication Officer: Michael McEntee
Date of Hearing: 27/08/2025
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.
1: Background:
The Worker was employed as a Medical Scientist at a major Hospital. He alleged that he had been dismissed without Fair procedures, a decision that was inconsistent and lacked proper transparency. The employment lasted from 16th October 2023 to the 14th January 2025.
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2: Opening Legal Arguments
Employer Arguments
The cited Employer -Hospital “A” argued that the Worker in this case was not their Employee but was instead a Contract Worker employed by a Medical Employment Agency.
Documents to support this contention were submitted in evidence.
Accordingly, the Worker was not “a Worker” with the cited Employer for the purposes of the Industrial Relations Act,1969.
The Worker had only brought his complaint / dispute under the Industrial Relations Act,1969.
Worker Arguments
The Worker argued that, in all matters, he had been a direct employee of the Hospital. The Agency argument was just an Employer means of avoiding the case.
He had been subjected to Bullying and Harassment which the Hospital had ignored and now wanted to avoid any responsibility for.
Adjudicator View/ Conclusions
The Adjudicator questioned the Worker as to why he had only chosen the Industrial Relations Act,1969 to refer this Dispute. It was clear, in reply, that the Worker was not familiar with Irish Employment legislation or IR/HR procedures.
There was no doubt that he was an Agency Worker and not directly employed by the Hospital.
Accordingly, this Dispute, under the Industrial Relations Act,1969 is with the wrong employer.
It has to be seen as Legally Not Properly Founded and cannot proceed.
3: Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. Th Worker was not employer by the cited Hospital. The Dispute cannot proceed.
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4: Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
IR-SC- SC – 00003884
The Recommendation is that the Dispute is not Legally properly founded. It cannot proceed.
Dated: 10th October 2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Wrong Employer -Dispute not Legally sound. |