FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : REDWELD ENGINEERING LIMITED (REPRESENTED BY LANIGAN & CURRAN SOLICITORS) - AND - A WORKER (REPRESENTED BY GAFFNEY, SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer Decision No. ADJ-00001794.
BACKGROUND:
2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 7 November 2016 the Adjudication Officer issued the following Recommendation:-
- Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/Dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Based on the uncontested evidence I award the claimant €3000 in compensation.
The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on the 16 December 2017 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 12 April 2017.
DECISION:
The employer appealed the Adjudication Officer’s Recommendation given under the Industrial Relations Act 1969. The Respondent failed to attend the hearing before the Adjudication Officer for reasons which were explained to the Court.
However, at the hearing of the appeal before the Court the Claimant’s legal representative indicated that he wished to withdraw the claim on the basis that he wished to pursue an alternative personal injuries claim to the High Court. Accordingly the Claimant’s legal representative conceded the employer’s appeal.
The employer consented to the withdrawal and accepted that their appeal was conceded by the Claimant.
In such circumstances the Court finds that the Adjudication Officer Recommendation is revoked and set aside.
Signed on behalf of the Labour Court
Caroline Jenkinson
LS______________________
26 April 2017Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Louise Shally, Court Secretary.