LCR21727

FULL RECOMMENDATION

CD/18/74

DECISIONNO.LCR21727

ADJ-00008490 CA-000011057-001

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

WEXFORD COUNTY COUNCIL

- AND -

A WORKER

DIVISION :

Chairman: Ms Jenkinson
Employer Member: Ms Doyle
Worker Member: Ms Treacy

SUBJECT:
1. Appeal of Adjudication Officer's Decision NoADJ-00008470.

BACKGROUND:

2. The issue involves a claim by the Claimant. The matter was referred to an Adjudication Officer for investigation and recommendation. On the 14th February, 2018 the Claimant appealed the Adjudication Officer's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969. A Labour Court hearing took place on the 16th May, 2018. The following is the Decision of the Court:

DECISION:

The matter before the Court is an appeal against the Decision of an Adjudication Officer ADJ-00008470 under the Industrial Relations Act 1969. The Appellant is a retired Firefighter. He retired in 29th June 2004.

The Appellant referred his claim to the Workplace Relations Commission on 1st May 2017.

The Court declined jurisdiction to hear the appeal as the Appellant is a retired person since June 2004 and consequently does not come within the statutory meaning of the term “worker” under the Industrial Relations Acts.

Section 45 of the Industrial Relations (Amendment) Act 2015 has amended Section 26A of the Industrial Relations Act 1990 with the following provision:-

“26A. (1) Notwithstanding any other provision of this or any other enactment, but subject to subsection (2), an adjudication officer or the Court shall not investigate a trade dispute to which a worker who has ceased to be employed by reason of his or her retirement is a party unless—
(a) the dispute was referred to the Commission for conciliation within a period of 6 months from the date on which the worker’s employment ceased, or the date on which the event to which the dispute relates occurred, whichever is the earlier, or
(b) the dispute was referred to an adjudication officer or, as the case may be, the Court within the period referred to in paragraph (a).
(2) Notwithstanding subsection (1), an adjudication officer or, as the case may be, the Court may extend the period referred to in that subsection by a further period not exceeding 6 months where the adjudication officer or the Court is satisfied that the failure to refer the dispute within the period referred to in subsection (1) was due to reasonable cause.
(3) The Commission or the Court shall not investigate a trade dispute to which a worker referred to in subsection (1) is a party where the dispute is subject to investigation by the Pensions Ombudsman.”.

As the Appellant’s dispute with his former employer was referred to the Workplace Relations Commission almost thirteen years after he retired, neither the Commission nor the Labour Court have jurisdiction to investigate the dispute. On that basis the Court declined jurisdiction to hear the case, on foot of this clarification the Appellant, through his legal representative, withdrew the appeal.

Signed on behalf of the Labour Court

11th June 2018______________________
SCCaroline Jenkinson
Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.