FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GALWAY COUNTY COUNCIL - AND - A WORKER (REPRESENTED BY TECHNICAL ENGINEERING AND ELECTRICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Overtime & Subsistence Payment.
BACKGROUND:
2. On the 10thMay 2013 the Worker referred his dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
A Labour Court hearing took place on the 17thOctober 2013.
RECOMMENDATION:
This claim was submitted to the Court some 14 months after the Claimant retired from his employment with Galway County Council. In these circumstances he was not a worker within the meaning of the Industrial Relations Acts 1946 to 2012 at the time his claim was lodged with the Court.
As the Court has previously pointed out on a number of occasions it cannot investigate a dispute involving a person who had ceased to be a worker at the time the case was initiated with the Court.
Accordingly the Court has no jurisdiction in this case.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
30th October, 2013Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.