Worker

Employer

Anonymised Parties

A Trainee

A Traineeship provider

Representatives

Self-represented 

A Manager

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 - 00003338

11/08/2024

The Worker referred his dispute to the Director General of the WRC on 11 August 2024.

The Worker in his WRC referral form alleged that he had a trade dispute that he wished to be investigated. He provided no further detail as to the nature of the dispute.

At the adjudication hearing, the Worker confirmed that he was not an employee of the Employer named in the WRC form. He did not dispute that, while he was in receipt of a social welfare benefit, he successfully applied for a traineeship program delivered by the named Employer. The Worker clarified that his dispute related to the setup of the traineeship and expressed his dissatisfaction with the arrangements of the traineeship.

The Employer asserted that the Worker was not an employee of the Employer. While in receipt of social welfare benefits, the Worker applied for a traineeship programme that is delivered by the Employer in conjunction with employers and industry representatives.

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

The Employer submits that the Worker does not have standing to bring this dispute to the WRC and the WRC does not have jurisdiction to investigate this dispute as the Worker does not fall within the definition of a worker as set out in the legislation. 

The definition of “trade dispute” under section 3 of the 1946 Act, as amended by the Industrial Relations Act, 1990 (“the 1990 Act”) reads:

“…any dispute between employers and workers which is connected with the employment or non-employment, or the terms or conditions of or affecting the employment, of any person;

For a dispute to be a trade dispute it must involve a "worker". The term "worker" is defined by Section 23 of the Industrial Relations Act 1990, as follows: -

23.—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means a member of the Garda Síochána referred to in subsection (1A) and any person aged 15 years or more who has entered into or works under (or, where the employment has ceased, worked under) a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour…”

The Worker was a participant in a traineeship program that was funded by the European Social Fund. The aim of the course is to train unemployed people or job changers in the skills and knowledge that would improve their employability.

Having considered the submissions of both sides and having regard the Industrial Relations Acts and the definition of “worker” in section 23 of the 1990 Act I do not find that the Worker is a “worker” within the meaning of the legislation. 

Therefore, I have no jurisdiction to investigate this dispute.   

I find that the Worker is not a worker for the purposes of the Industrial Relations Acts 1969 (as amended) and as such I do not have jurisdiction to investigate this dispute as presented. 

Not a worker