FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TESCO IRELAND LTD - AND - A WORKER (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Trade Dispute
BACKGROUND:
2. The case before the Court concerns a claim by the Worker in relation to issues concerning redundancy. On the 23rd December, 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 21st February, 2014. The Employer's representative, by means of a letter sent to the Court, indicated that the Employer would not be present and would not be represented at the hearing.
The Worker agreed to be bound by the Court’s Recommendation.
WORKER ARGUMENTS:
3. 1. The Worker contends that his claim before the Court is fair and reasonable in all the circumstances of the case and should be conceded.
RECOMMENDATION:
The matter before the Court was brought under Section 20(1) of the Industrial Relations Act 1969 and concerns a claim by Mr Richard Grogan Solicitor, on behalf of a worker. Mr Grogan submitted a claim seeking “to require the employer to agree not to rely on the waiver clause in the redundancy agreement”. The redundancy agreement relied upon referred to the Night Working Agreement, collectively agreed between the Company and Mandate.
The Court is of the view that as the claim before the Court sought to interpret and otherwise deal with an agreement, collectively agreed between two parties, neither of which was before the Court, the Court was not in a position to do so and therefore in all the circumstances the Court does not find in favour of the claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th March 2014______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.