Worker

Employer

Anonymised Parties

A Carpenter

A State Agency

Representatives

Mark Dobbyn Connect Trade Union

 Director of Human Resources

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 - 00004641

03/07/2025

On July 3, 2025, the Union submitted a written outline of a Dispute regarding the Workers access to promotion within a State Agency.

The Employer was notified of the dispute on July 17, 2025, and requested to respond if they objected to the planned investigation, in accordance with the Industrial Relations Act, 1969.

On 13 August 2025, the WRC informed the Union that the employer had not responded and consent to investigation was presumed.

On 19 November 2025, both parties were invited to hearing scheduled for 19 January 2026 in Cork.

On 24 November 2025, as the assigned Adjudicator, I wrote to each party informing them that the narrative of the dispute indicated that a live Conciliation was underway at WRC on the same matter.

I asked both parties:

“Can I please ask the parties to clarify if this matter is currently live at WRC Conciliation? “

On 5 December 2025, the State Agency corrected the contact details on file at WRC for their Industrial Relations Dept.

I heard nothing from the Union.

During Friday afternoon, January 16, 2026, I approached both parties to ascertain their preparedness for hearing. The informality of claims under the IR Act permits this lea way and I wanted to be prepared for hearing.

Good evening,

Can I just check if both Parties are intent on attending this IR case next Monday as above as it has not been withdrawn, but I haven’t received subs.

I understood the matter was live at WRC Conciliation.

I would be grateful for an update, please.

Patsy Doyle, Adjudicator

A Short time later, the State Agency confirmed that they were intent on engaging with the Union at the WRC during February 2026 but were not attending the hearing in ADJ 60403.

As I had not heard from the Union, I pressed on to hearing, only to find there was no attendance from either party.

The next day, the Union confirmed that the case was live at Conciliation.

I understood this and have allowed 7 days for clarity on how both Parties wished to approach the case at Adjudication.

The seven days have now elapsed, and we are on the cusp of February 2026.

The Worker appears to have populated his own complaint form when he completed a narrative on the background to a Dispute with his employment on recruitment. He listed the Union as his representative.

I have no details of this dispute outside of a live grievance raised on 13 March 2025, now overtaken by the Conciliation process.

I have no details of how the Employer has responded to this claim, outside a confirmation of a separate participative process at Conciliation.

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

My role in workplace disputes under the Industrial Relations Act, 1969 is to hear the parties on their views on the dispute.

This process is live at WRC Conciliation, and I respect the parties wishes in respect to their planned participation there.

As I have not been presented with a Dispute, I cannot progress my investigation further.

It just remains for me to wish the parties well going into the future.

I have not found merit in the Dispute due to the overarching and pre -existent live WRC process of Conciliation.

I would have preferred for completeness if the Union has closed this case by withdrawal.

Overlap in Adjudication and Conciliation.