ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC – 00001859 and IR - SC - 00001716
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Government Department |
Representatives | In person | Stephen O’Sullivan BL instructed by Aideen O'Brien Chief State Solicitor's Office |
Dispute(s):
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 - 00001859 | 05/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00001716 | 24/08/2023 |
Workplace Relations Commission Adjudication Officer: Jim Dolan
Date of Hearing: 26/09/2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
The complainant is a civil servant and commenced employment on 30th July 2018. The complainant successfully applied for a position in the Department and commenced employment there on 22nd November 2021.
This complaint was received by the Workplace Relations Commission on 5th October 2023. |
Summary of Workers Case:
Please see Conclusions. |
Summary of Employer’s Case:
Please see Conclusions. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The complainant states that he was concerned that the Department by omission, failed to investigate or consider evidence he presented revealing that the Department had bullied and/or harassed him, acted unlawfully regarding dismissal or for regularising acting up arrangements and due to internal policies and procedures disputed that he requested same to be investigated.
The complainant, as a civil servant, cannot make a complaint under this legislation. Section 23.1.a of the Industrial Relations Act 1990 excludes from the definition of a worker “ (a) a person who is employed by or under the State”.
This complaint fails.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
This complaint fails.
Dated: 08-05-26
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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