ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003646
| Worker | Employer |
Anonymised Parties | A Worker | A Company |
Representatives | Self-represented | HR Representative |
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 - 00003646 | 13/01/2025 |
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Date of Hearing: 15/10/2025
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 and to present any information relevant to the dispute. The hearing was a remote hearing.
Background:
The worker’s dispute is that she has not been supported with a return to work after a long-term illness. |
Summary of Workers Case:
The worker has been working for the company for 15 years. She has been out of work due to a cancer diagnosis from the end of 2019. The worker sought a return to work in or around March/April 2025. She felt she was not fully supported in getting back to work at this time. She accepted a termination payment although then quickly decided not to accept it. At the hearing, the worker outlined that she was now reluctant to return to work, due to the lack of previous support. |
Summary of Employer’s Case:
The employer denies that the worker was not supported when she sought to return. Although an exit agreement was made, this was quickly withdrawn by the worker. There was a meeting in April 2024 and the company were awaiting a medical report from her GP. The company is currently undergoing restructuring and there is an ongoing dialogue with staff on transitional arrangements. The company representative outlined at the hearing that they are willing to meet with the worker and update her on the current options available to staff. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions along with the discussions at the hearing. At the hearing, the employer representative outlined that there are currently options available to staff arising from restructuring and that they are willing to meet with the worker to discuss these. The employer representative said that the worker can be accompanied to the meeting so there are no issues with translation or understanding of the options available.
I recommend that the worker accept the commitment given to meet and discuss the options available due to the ongoing restructuring, and that she be accompanied to this meeting. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the worker accept the commitment given to meet and discuss the options available due to the ongoing restructuring, and that she be accompanied to this meeting.
Dated: 20-10-25
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Return to Work after Longterm Illness |