FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 55M(15), HEALTH ACT, 2004 PARTIES : CHILD & FAMILY AGENCY - AND - A WORKER (REPRESENTED BY S�LE O'DONNELL) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Alleged non-implementation of Rights Commissioner's Recommendation r-144149-ha-14/EH.
BACKGROUND:
2. The Worker referred the case to the Labour Court in accordance with Section 55M(15)(a) of the Health Act 2004 as inserted under the provisions of Section 103 of the Health Act 2007. A Labour Court hearing took place on 2nd October, 2015, the following is the Court's Determination:-
DETERMINATION:
The matter before the Court is an application by Ms Jenny Bernard underSection 55M(15)(a) of the Health Act 2004 as inserted under the provisions of Section 103 of the Health Act 2007(the Act) seeking a Determination for enforcement of Rights Commissioner Decision r-144149-ha-/EH, Child & Family Agency v Ms Jenny Bernard dated 24thOctober 2014.
For ease of reference the parties are now given the same designation as they had at first instance. Hence the parties are respectively described as the Claimant and the Respondent.
In order for the Court to make such a Determination under the Act it must be satisfied that the Rights Commissioner’s Decision has not been appealed or if such an appeal was initiated it was later abandoned and that the Respondent has failed to carry out the said Decision. As there was a dispute between the parties over whether or not the Rights Commissioner’s Decision had been implemented, the Court set up a hearing of the parties to hear their views on the matter.
The Claimant furnished a submission to the Court which the Court was satisfied was in reality an appeal of the Rights Commissioner’s Decision. The Court explained to the parties that its jurisdiction in this case was limited to the question of whether or not the Decision had been implemented or not.
The Respondent told the Court that the Decision had been implemented in full.
Having considered the submissions made by both parties the Court is satisfied that the Decision has been carried out by the Respondent, any appeal made had since been abandoned and accordingly the Court has no jurisdiction to make an order for enforcement of the Rights Commissioner’s Decision.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th October, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.