ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00061880
Parties:
| Worker | Employer |
Anonymised Parties | Care Woker | Care Services Provider |
Representatives | Sean Costello Sean Costello Solicitors | Des Kavanagh Des J Kavanagh, HR Consultancy Limited |
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 | ADJ-00061880 | 25/05/2023 |
Workplace Relations Commission Adjudication Officer: Brian Dalton
Date of Hearing: 03-10-2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
The complainant has brought employment rights claims based on the same facts. In those circumstances where the claims have been determined based on evidence and oral evidence, the value of relying on a voluntary process is not appropriate. |
Summary of Workers Case:
The case relates to alleged unfair dismissal. However, that has been determined with reference to employment rights referrals and therefore to concurrently refer the matter under the Industrial Relations Act has no practical relevance. |
Summary of Employer’s Case:
The case relates to alleged unfair dismissal. However, that has been determined with reference to employment rights claim and therefore to concurrently refer the matter under the Industrial Relations Act has no practical relevance. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The matter has been determined by referral to Adjudication as an employment rights claim. In those circumstances to concurrently hear the matter as a trade dispute on the facts of this case serves no useful purpose.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
The matters referred to under the Industrial Relations Act as a trade dispute have been determined under relevant statutory rights referrals that practically nullify the usefulness of this referral. On that basis I find no basis to make a recommendation to the parties as to do so would create inconsistency where the matter has been determined under employment rights legislation.
Dated: 03-10-2025
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
Unfair Dismissal |