Definition of a worker - Industrial Relations Act- state employee & Rights Commission

[Thirsty]

A friend (not me honest!), let's call him Joe is bringing a case to the Rights Commissioner in respect of his employer. The employer is claiming that as he is a state employee he is not a worker as defined in the 1990 Act and therefore cannot bring the matter to the RC in the first place.

From research he has done, Joe believes that the European Courts have ruled that state employees are workers and are therefore entitled to redress like any other worker and since the Lisbon Treaty European rulings override Irish ones. (I'm summarising as best I can here, he seemed to have done his research pretty well)

Joe isn't in a position to hire a Solicitor and I was wondering if anyone here might have an opinion to offer. He has to write to the RC refuting his employer's claim in an effort to get his case heard.

 

[becky]

I remember hearing years ago that because I was an officer of a health board I didn't have recourse to the labour court etc. as I needed to be a 'non officer', an 'Employee' or back in the day a servant grade. As far as I know now it's a free for all. My boss is in front of a RC 4 or 5 times a year and she sometimes refuses on the basis that the internal processes have not been been used but never because of the grade.

Tell your friend to lodge the case and wait and see. He will wait as there is a bit of run on them.

 

[Thirsty]

Thanks for that Becky.

He has actually been to the RC 'hearing'.

But there was no hearing, he was urged several times by the RC during the meeting to withdraw his claim; then the employer was permitted to read his statement that Joe was not a worker etc., and Joe was told he had two weeks in which to refute the employer's statement and the RC would make a ruling.

It all sounds very odd to me; but I'm no expert in this area.