Worker

Employer

Anonymised Parties

A Union Rep

A Trade Union

Representatives

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 - 00004748

12/06/2025

The Worker is employed by a large unionised employer. He is a member of the Respondent Union and acts as a Union Rep.

A new shift pattern was proposed by his employer which resulted in significant change in working arrangements and the reduction of allowances paid to some workers. His employer and the Trade Union failed to engage in appropriate consultation with affected workers. 

The Trade Union did not respond to correspondence or attend the hearing in this matter.

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

This matter is referred to me under Section 13 of the Industrial Relations Act 1969 which allows me to make a recommendation on a trade dispute referred to me by a worker.

Trade dispute is defined by the 1946 Act which states: “trade dispute” means any dispute or difference between employers and workers or between workers and workers connected with the employment or non-employment, or the terms of the employment, or with the conditions of employment, of any person and includes any such dispute or difference between employers and workers where the employment has ceased,

While this definition of trade dispute does give rise to the possibility of workers in dispute with other workers being considered by the dispute resolution services created by the industrial relations acts,  Section 13 of the 1969 act is quite specific in that this avenue cannot consider any dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers.  Those categories of disputes are reserved for the conciliation function outlined under Section 25 of the industrial relations act 1990 and provided by the WRC Conciliation Service since the dissolution of the Labour Relations Commission.

In this case the dispute relates to a shift pattern and associated loss of premium payments for a group of workers so it falls out of scope of my function under Section 13 of the Industrial Relations Act 1969.