Worker

Employer

Anonymised Parties

A PhD Student

A University

Representatives

David McCarroll RDJ LLP

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 - 00004257

05/05/2025

The dispute was submitted on 5th of May 2025.

The respondent prior to and during the hearing raised a number of preliminary objections centering around the assertion that the complainant is not and was not an employee of the respondent and submitting that the claims as submitted under various pieces of employment legislation cannot succeed.

The respondent submitted that the complainant was not a worker and therefore did not have the locus standi to submit a dispute under Section 13 of the Industrial Relations Act 1969 (as amended).

Oral submissions were made at the hearing on these matters and further post hearing written submissions were received form the parties in respect of same.

The respondent submitted that the WRC cannot entertain the Complainant’s Industrial Relations dispute in circumstances where the Complainant was not a worker, never worked under a contract of employment with the Respondent and, as a matter of law, there is no Trade Dispute between the parties. The respondent added Complainant is not a “worker” within the meaning of Section 4 of the Industrial Relations Act 1946. 

The complainant acknowledged that he was not an employee of the respondent but that he was a PHD research student and had been engaged in a PhD research scholarship with the respondent until he failed to progress following a Review Panel assessment in which it was decided that the Complainant’s standard was not sufficient to continue on the PhD register.

The decision of the Research Confirmation Panel was that the Complainant should transfer from the PhD programme to a Master’s degree programme.   The complainant appealed the decision but was unsuccessful in his appeal.  The respondent stated that the complainant had later submitted a complaint in this regard which was dealt with through its internal processes.

The complainant agreed that he was not an employee of the respondent but that he had been a student engaged on a research scholarship part of which had involved providing tutorials.  The respondent submitted that the provision of such tutorials had ceased in 2019.

The complainant at the hearing requested that his employment rights claim be regularised into claim under the Equal Status Acts.  I have dealt with this request under the related decision in respect of those claims. 

Having considered this matter I am satisfied that the there is no Trade Dispute between the parties and accordingly I have no jurisdiction to investigate this dispute.

I am satisfied that the there is no Trade Dispute between the parties and accordingly I have no jurisdiction to investigate this dispute.

I am satisfied that the there is no Trade Dispute between the parties and accordingly I have no jurisdiction to investigate this dispute.   I do not recommend in favour of the complainant.