FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE SOUTH - AND - JENNIFER MITCHELL (REPRESENTED BY PADGE RECK PCMEE) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. An appeal against a Rights Commissioner's Recommendation no r-135109-ir-13/MMG.
BACKGROUND:
2. The Claimant appealed the Rights Commissioner's Recommendation to the Labour Court on the 25th March 2014 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 14th May 2014.
DECISION:
This matter came before the Court by way of an appeal against the recommendation of a Rights Commissioner made under the Industrial Relations Act 1969.
At the commencement of the hearing of the appeal the Court was told that at the time that this dispute was referred to the Rights Commissioner the Claimant had retired from her employment.
It is long established that a person who has retired and is no longer an active member of the labour force is not a worker within the meaning of the Industrial Relations Acts 1946 to 2012. Consequently a dispute to which such a person is party cannot be a trade dispute within the statutory meaning ascribed to that term. Neither the Rights Commissioner nor the Court can have jurisdiction to investigate such a dispute.
Accordingly the Court must decline to hear this appeal.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
4th June, 2014.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.