FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MACLELLAN IRELAND - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Implementation of IR 47582/06.
BACKGROUND:
2. A Labour Court hearing took place on the 27th May, 2008. The following is the recommendation of the Court:-
RECOMMENDATION:
The dispute before the Court was previously investigated by a Rights Commissioner under Section 13 of the Industrial Relations Act, 1969. The Rights Commissioner issued a recommendation dated 19th September, 2007. Neither party appealed against the recommendation of the Rights Commissioner.
However the Employer failed to implement the recommendation. The Union then referred the dispute to the Court pursuant to Section 20(1) of the Industrial Relations Act, 1969.
Section 19(10) of the Industrial Relations Act, 1969 precludes the Court from investigating a dispute in respect of which a Rights Commissioner has issued a recommendation other than by way of an appeal from that recommendation.
The case before the Court is not an appeal and therefore the Court has no jurisdiction to investigate the dispute.
Signed on behalf of the Labour Court
Kevin Duffy
30th May, 2008______________________
M G.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.