FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LOUTH COUNTY COUNCIL - AND - A WORKER DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer Recommendation No. ADJ-00012213 CA-00016156-001.
BACKGROUND:
2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On 12 September 2018 the Adjudication Officer issued the following Recommendation:-
- “I find, having given the issue a great deal of consideration, I recommend that
- 1.In seeking to avoid further escalation and a timely resolution to outstanding issues the parties agree a mediation process to deal with outstanding issues in relation to matters that arose,
2.That a suitable and agreed skilled Mediator is immediately engaged to attempt a comprehensive resolution of the issues, and
3.That this process should be completed within 30 days from the date of this recommendation”
- 1.In seeking to avoid further escalation and a timely resolution to outstanding issues the parties agree a mediation process to deal with outstanding issues in relation to matters that arose,
The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 19 October 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on 4 January 2018.
DECISION:
The Court has given careful consideration to the submissions of the parties and to the clarifications provided by the parties at its hearing.
The matter comes before the Court as an appeal of an Adjudication Officer’s decision made under the Industrial Relations Act, 1969. That decision set out that the parties should agree and put in place a mediation process to deal with outstanding matters.
It is clear to the Court from the clarifications provided by the parties that the decision of the Adjudication Officer was accepted by both parties and was implemented in full.
The Court must have regard to fact that the matter before it is an industrial relations matter. The effective conduct of industrial relations requires a degree of pragmatism on the part of parties to trade disputes. There cannot be any industrial relations reality to the proposition that a decision of an Adjudication Officer can be accepted by both parties, implemented in full and subsequently appealed.
The Court therefore upholds the decision of the Adjudication Officer and the appeal accordingly fails.
Signed on behalf of the Labour Court
Kevin Foley
LS______________________
8 January 2019Chairman
NOTE
Enquiries concerning this Decision should be addressed to Louise Shally, Court Secretary.