LCR22531

FULL RECOMMENDATION

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

PERABELL LIMITED

- AND -

MR LIAM DORAN

DIVISION :

SUBJECT:

1.Referral To Labour Court

BACKGROUND:

2.The Worker referred this case to the Labour Court on 18 October 2021 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 05 January 2022.


RECOMMENDATION:

The Worker lodged a claim in relation toatrade dispute with his former employer to the Workplace Relations Commission (WRC). The Employer objected to a WRC Adjudication Officer investigating that matter. The Worker subsequently referred a claim to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and so agreed to be bound by the Court's Recommendation.The Employer did not attend the Labour Court Hearing.

The Worker confirmed to the Court that the basis of his claim is that he objects to his former Employer objecting to an investigation by an Adjudication Officer. He submits that his Employer’s objection to participating in a WRC investigation is reflective of the poor treatment he experienced when he worked at their franchise in Domino’s Clondalkin. The Worker is seeking that the Court make an order compelling his former employer to attend a WCR investigation.

The Court explained that it does not have jurisdiction to compel an employer to attend at WRC investigation. For these reasons, the Court does not find in favour of the Worker’s claim and his appeal fails.

The Court so recommends.

NOTE

Enquiries concerning this Recommendation should be addressed to Cathal Nurney, Court Secretary.