FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE DUBLIN NORTH-EAST - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal against Rights Commissioner's Recommendation r-081511-ir-09/JC.
BACKGROUND:
2. This case arose from a dispute as to the Applicant's grade when he retired. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 12th January, 2010 the Rights Commissioner issued the following Recommendation:-
- “The claimant retired from the respondent's employment in April 2009 and the matter in dispute between the parties was referred to the Rights Commissioner's service in July 2009. In light of the Labour Court's decision in the Forfás v A Worker case LCR 16970 I find that I have no jurisdiction to hear this dispute as it was referred to the Rights Commissioner service after [the claimant] retired from the respondent's employment”.
- “The claimant retired from the respondent's employment in April 2009 and the matter in dispute between the parties was referred to the Rights Commissioner's service in July 2009. In light of the Labour Court's decision in the Forfás v A Worker case LCR 16970 I find that I have no jurisdiction to hear this dispute as it was referred to the Rights Commissioner service after [the claimant] retired from the respondent's employment”.
3. 1.TheLabour Court has the jurisdiction to hear this case.
2. The term 'worker' should also apply to a person who is retired.
3.This dispute arose during a period of time when the Appellant was still in the employment of the Respondent.
EMPLOYER'S ARGUMENTS:
4. 1. The Respondent acknowledges the Appellant's many years of dedicated hard work.
2. The Appellant retired in April 2009 and did not refer his complaint to the Rights Commissioner until July 2009.
3. The Labour Court does not have the jurisdiction to hear the Appellant's complaint.
DECISION:
The Court has considered the submissions of the parties in this case.
The Appellant advised the Court that he retired from the service of the HSE in April 2009 and did not refer the case to the Rights Commissioner Service of the Labour Relations Commission until July 2009. Consequently at the time at which the case was referred to the Labour Relations Commission the Appellant was no longer a worker within the statutory meaning of that term.
This Court considered this matter in"Forfás and a Worker"(LCR 16970). In that case the Labour Court held that it was
- "entitled to investigate a matter which arose prior to an individual's retirement and which was referred to the Labour Relations Commission or Labour Courtpriorto the individual's retirement."
In this case the matter was referred to the Labour Relations Commission (Rights Commissioner Service) after the worker had retired. Accordingly, the Court does not have jurisdiction to hear the matter.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
16th September, 2010______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.