FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 29(1), SAFETY, HEALTH AND WELFARE AT WORK ACT, 2005 PARTIES : DEPT OF AGRICULTURE, FISHERIES AND FOOD - AND - ROBERT CORCORAN DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal of Rights Commissioner's Decision R-062489-Hs-08/Jt
BACKGROUND:
2. The Worker appealed the Rights Commissioner's Decision to the Labour Court on 19th December, 2008, and a Labour Court hearing took place on 20th February, 2009.
DETERMINATION:
This matter was dealt with by the Rights Commissioner under the Safety Health and Welfare at Work Act, 2005. The jurisdiction of a Rights Commissioner under the Act is confined to considering a complaint alleging a contravention of s.27. The Court's jurisdiction is similarly circumscribed and is confined to considering an appeal from a validly issued Decision of a Rights Commissioner.
In this case the Claimant told the Court that he had made no complaint alleging a contravention of s.27 of the Act and he did not wish the Rights Commissioner to decide his case by reference to the provisions of that Section.
On the undisputed assertion by the Claimant that he had never alleged a contravention of s.27 of the Act, it appears that the Rights Commissioner acted without jurisdiction in dealing with the case pursuant to the Act of 2005.
In the circumstances the Court allows the appeal and the Decision of the Rights Commissioner is set aside as having been made outside of his jurisdiction.
Signed on behalf of the Labour Court
Kevin Duffy
4th March, 2009______________________
DNChairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.