ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00004458
Parties:
| A Worker | An Employer |
Representatives | Jay Power of Fórsa | Managers |
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 - 00004458 | 11/06/2025 |
Workplace Relations Commission Adjudication Officer: Michael McEntee
Date of Hearing: 03/12/2025 & 11/03/2026
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 by me and to present to me any information relevant to the dispute.
Background:
The issue in contention concerns the timeline of a prosed Transfer of an Employee between Departments of the Employing City Council. The transfer has been agreed but an issue has arisen over the date of the actual physical transfer. |
1: Summary of Workers Case:
The Worker was represented by Mr Jay Power of FORSA. Following lengthy discussions, prompted by the Adjudication Officer, at local level between FORSA and the City Council, an inter department transfer has been agreed. The issue outstanding is the date of the physical transfer. The Employer has given an undertaking that, all going well, the transfer will take place on or before the 30th June 2026. The Worker, being aware of other external factors, seeks a reassurance that this date will not be missed by the Employer. In addition, the Worker seeks reassurance that should the date be missed he has the option to return the case to the WRC. |
2: Summary of Employer’s Case:
The Employer was represented by two Senior Managers from the Council. The Managers gave an assurance that the transfer would be on or before the 30th June 2026. All going well, it would be well before that date. In discussion, it was mentioned that other discussions were also ongoing, on unrelated matters, that could, in a very extreme scenario, delay the Worker’s transfer. This had to be regarded as a most unlikely situation. |
3: Conclusions:
This dispute has already been with the Adjudication Service. It was welcoming to note that further local discussions had very largely resolved the Dispute. A Recommendation reinforcing the date of, on or before, the 30th June 2026 will be issued by the Adjudication Officer together with a further assurance that a Return to the WRC, if necessary, would be immediately facilitated. |
4: Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
IR-SC- 00004458
It is Recommended that
- The Transfer of the Worker to the Paint Department be made as soon as possible and certainly before the 30th June 2026.
- If for some most unlikely and unforeseen reason this does not happen the Dispute will be immediately facilitated by the WRC for a new Hearing date (of necessity with a new Complaint Number) with the Adjudication Officer, Mr McEntee.
Dated: 19th March 2026
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Transfer between Departments of a Council |