FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE BALLINAMORE NURSING UNIT - AND - A WORKER DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Terms and Conditions of Employment (Agengy Worker) have been breached.
BACKGROUND:
2. This case concerns a claim by the Worker that on 31 May 2018 she was dismissed without notice or due process.
On the 4 October 2018, the Worker referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
A Labour Court hearing took place on the 29 November 2018.
RECOMMENDATION:
This matter comes before the Court as a reference under Section 20(1) of the Industrial Relations Act, 1946 as amended.
Without prejudice to the Court’s decision in relation to this matter and taking account of the submissions made by the parties, the Court encourages all parties, whether present before the Court or not, having a role in the matter at issue in the referral to conclude all investigations or procedures as soon as possible having regard to its significance for the individual involved.
The Applicant identified in her referral that her ‘direct employer’ was an entity other than the Respondent. The Court’s jurisdiction under this legislative provision is founded on the proposition that a trade dispute within the meaning of the Industrial Relations Acts 1946 to 2015 is in being between the parties appearing before the Court. The Court is satisfied that the Respondent before the Court is not, within the meaning of the legislation, the employer of the Applicant. The Court therefore concludes that no trade dispute within the meaning of the legislation is in being between the parties before the Court.
The Court therefore concludes that it does not have jurisdiction to address the matter presented to the Court in the referral.
The Court so decides.
Signed on behalf of the Labour Court
Kevin Foley
CC______________________
10 December, 2018Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.