FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 15(5), EMPLOYEES (PROVISION OF INFORMATION AND CONSULTATION) ACT, 2006 PARTIES : LISLOUGHREY HOTEL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Disclosure of Confidential Information
BACKGROUND:
2. This case concerns a complaint under Section 15(1) of the Employees (Provision of Information and Consultation) Act, 2006. A Labour Court hearing took place on the 20th March 2014. The employer was notified of the date and time of the hearing but did not attend and was not represented. The following is the Court's Determination:
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 regarding the question of the provision of personal information to the Complainant’s employer.
Section 15 of the Act in relevant part 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.
Section 15(2) of the Act sets out a number of conditions that must be met before the dispute may be referred to the Court. In this case none of those conditions have been satisfied.
As the requirements of Sections 15(1) and 15(2) of the Act have not been satisfied the Court does not have jurisdiction to consider the dispute.
The Court so determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th April 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.