FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 15(5), EMPLOYEES (PROVISION OF INFORMATION AND CONSULTATION) ACT, 2006 PARTIES : LIONBRIDGE TECHNOLOGIES INC (REPRESENTED BY WILLIAM FRY SOLICITORS) - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Alleged breach of an Agreement on Information & Consultation made pursuant to Section 9 of the Employees (Provision of Information and Consultation) Act, 2006.
BACKGROUND:
2. The Worker referred his case to the Labour Court in accordance with Section 15(1) of the Information and Consultation Act, 2006 on the 4th July, 2013. A Labour Court hearing took place on the 10th September, 2013. The following is the Determination of the Court:
DETERMINATION:
The case came before the Court by way of a complaint under Section 15(1) of the Employees (Provision of Information and Consultation) Act 2006. Section 15 of the Act in relevant part states states:
- 15.— (1) Disputes between an employer and one or more employees or his or her representatives (or both) concerning:
- (a) negotiations undersection 8or10,
(b) interpretation or operation of any agreement undersection 8or9,
(c) interpretation or operation of the Standard Rules undersection 10(as set out inSchedule 1) or the procedures for election of employees’ representatives (as set out inSchedule 2), or
(d) interpretation or operation of a system of direct involvement undersection 11, may, subject to subsection (2), be referred by the employer, one or more than one employee or his or her representatives (or both) to the Court for investigation.
(2) Such a dispute may be referred to the Court only after—- (a) recourse to the internal dispute resolution procedure (if any) in place in the employment concerned has failed to resolve the dispute, and
(b) the dispute has been referred to the Commission which, having made available such of its services as are appropriate for the purpose of resolving the dispute, furnishes a certificate to the Court stating that the Commission is satisfied that no further efforts on its part will advance the resolution of the dispute.
- (a) negotiations undersection 8or10,
The case came on for hearing on Tuesday the 10thSeptember 2013. At the commencement of the hearing, in answer to a question from the Court, the Complainant stated that he had completed the relevant referral form under the Act with the intention of processing the dispute through the procedures set out in Section 15(2). Having completed the form the secretariat referred the complaint to the Labour Court. He accepted that the matter should have been referred to the Labour Relations Commission and was prematurely before the Labour Court. He undertook to address the matter with the secretariat and process the matter in accordance with Section 15(2) of the Act.
The Respondent agreed that the matter was prematurely before the Court and argued that the Court, accordingly did not have jurisdiction to hear the complaint. It also indicated that it was committed to addressing the matter through its internal procedures with a view to resolving the matters in dispute.
Determination
As the conditions set out in Section 15(2) of the Act have not been met the Court does not have jurisdiction to deal with the Complaint under the Act.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
16th September, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.