FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IARNROD EIREANN - AND - A WORKER (REPRESENTED BY THE TRANSPORT SALARIED STAFF'S ASSOCIATION.) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Recognition of enhanced job specification.
BACKGROUND:
2. On the 27th January, 2011 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 3rd June, 2011.
The Union agreed to be bound by the Court’s Recommendation.
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 14th January 2009. Neither party appealed against the Recommendation of the Rights Commissioner.
However, as the Union was dissatisfied with the outcome it then referred the dispute to the Court pursuant to Section 20(1) of the Industrial Relations Act, 1969.
Section 13(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
Caroline Jenkinson
27th June, 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.