FULL RECOMMENDATION
SECTION 11 (1), EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS) REGULATION, 2003 PARTIES : ML HR LIMITED (REPRESENTED BY MR STEPHEN O'SULLIVAN B.L. INSTRUCTED BY CARLEY AND CONNELLAN SOLICITORS) - AND - DONAL PRIOR (REPRESENTED BY BOWLER GERAGHTY SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Ms Connolly Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer Decision No.R-155968-TU-15/RG and R-157632-TU-15/RG.
BACKGROUND:
2. The Company appealed the Decision of the Adjudication Officer to the Labour Court on the 5 July 2017 . A Labour Court hearing took place on the 15 August 2017. The following is the Decision of the Court:
DETERMINATION:
This is an appeal by ML HR Limited against a decision of an Adjudication Officer reference no R-155968-TU-15/RG, R-157632-TU-15/RG issued on 26 May 2017. The appeal was presented to the Labour Court on 5 July 2017.
The Law
Section 41(1) of the Workplace Relations Act 2015 states
A party to proceedings under section 41 may appeal a decision of an adjudication officer given in those proceedings to the Labour Court and, where the party does so, the Labour Court shall—
(i) give the parties to the appeal an opportunity to be heard by it and to present to it any evidence relevant to the appeal,
(ii) make a decision in relation to the appeal in accordance with the relevant redress provision, and
(iii) give the parties to the appeal a copy of that decision in writing.
In this case the parties named on the decision of that Adjudication Officer are Mr Donal Prior and MAS HR. The appeal against that decision which is now before the Labour Court was presented by ML HR Limited a company that was not a party to the original decision of the Adjudication Officer.
As ML HR limited was not a party to proceedings under section 41 of the Act it cannot bring an appeal against a decision in those proceedings to the Labour Court under section 44(1) of the Act.
Accordingly the Court dismisses the appeal before it.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
LS______________________
20 December 2017Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.