FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BARMAL HOSPITALITY LIMITED TRADING AS ARTHURS - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Unfair dismissal.
BACKGROUND:
2. On the 14th August, 2013 the Worker 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 30th October, 2013.
The Worker agreed to be bound by the Court’s Recommendation.
RECOMMENDATION:
The case before the Court was brought under Section 20(1) of the Industrial Relations Act, 1969, however as the claim had already been the subject of a Rights Commissioner’s hearing the Court had no jurisdiction to hear the case.
Section 13 (10) of the Industrial Relations Act, 1969 prevents the Court from hearing a claim (except by way of an appeal) if it has already been heard by a Rights Commissioner.
Section 13 (10) states:
The Court shall not investigate (except by way of appeal to it under subsection (9) of this section) a trade dispute in relation to which a rights commissioner has made a recommendation.
Accordingly, the Court had no jurisdiction to hear the Claimant’s claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
25th November, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.