LCR21601

The Adjudication Officer awarded the Appellant the sum of €2,500.

Preliminary Issue

Johnson Bros STL Group (the Respondent) submitted to the Court that a preliminary matter relating to the jurisdiction of the Court in respect of the within appeal required consideration.

The Respondent submitted that the document which was submitted to the Court within six weeks of the date of the decision of the Adjudication Officer identified no Respondent and made no reference to it being an appeal under the Industrial Relations Act, 1969. The Appellant submitted that no appeal therefore was made to the Court within six weeks of the date of the decision of the Adjudication Officer and consequently the Court has no jurisdiction to hear the within matter.

The Appellant submitted that, notwithstanding the absence of detail on the appeal form submitted, the Court should accept the appeal as valid and consequently the Court should accept jurisdiction with respect to the appeal.

The Court considered this issue as a preliminary matter.

The Law as regards the making of an appeal under Section 13(9) of the Industrial Relations Act, 1969.

The Industrial Relations Act, 1969 at Section 13 provides for an appeal of a decision of an Adjudication Officer made under that Act. The Industrial Relations Act, 1990 (the Act of 1990) at Section 36 provides in relevant part as follows;

• Objections and appeals.

  36.—(1) An objection under section 13 (3) (b) (ii) of the Industrial Relations Act, 1969, by a party to a trade dispute to an investigation of the dispute by a rights commissioner shall be of no effect unless it is notified in writing to the commissioner within three weeks after notice of the reference of the dispute to the commissioner has been sent by post to that party.

  (2) An appeal to the Court against the recommendation of a rights commissioner shall not be considered unless it is notified in writing to the Court within six weeks after the making of therecommendation.

The Appellant submitted to the Court on 11^thJuly 2017 a document which is an abridged version of the form provided by the Court for the purpose of making an appeal. That document was received on the 42^ndday following the date of the decision of the Adjudication Officer. That document did contain the name, phone number and address of the Appellant. It did contain the name, phone number, address and e-mail address of the Appellant’s representative. It did not contain the name, phone number, address or e-mail address of the Respondent. It did not contain the name, phone number, address or e-mail address of the Respondent’s representative. It did not state that an appeal was being made of a decision of an Adjudication Officer made under the Act of 1969.

The Court concludes that the document received on 11^thJuly 2017 could not be construed as an appeal of a decision made under the Act of 1969 when no reference was made to that Act on the face of the document. The Court is strengthened in its conclusion by the fact that the document received on 11^thJuly 2017 gave no detail as regards the identity of the Respondent. The Court therefore was not, within six weeks of that decision, in receipt of a valid appeal of the decision made by an Adjudication Officer under the Industrial Relations Act, 1969 on 31^stMay 2017.

The Act of 1990 affords the Court no discretion as regards jurisdiction to hear appeals made outside the time limit specified in that Act at Section 36. The Court therefore concludes that it has no jurisdiction to hear the within matter. The Court understands that the decision of the Adjudication consequently stands.

Signed on behalf of the Labour Court



Kevin Foley
8 November 2017______________________
MNChairman



NOTE

Enquiries concerning this Decision should be addressed to Michael Neville, Court Secretary.