LCR22598

FULL RECOMMENDATION

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

CLANCOURT MANAGEMENT LIMITED T/A CLANCOURT MANAGEMENT
(REPRESENTED BY TALBOT PIERCE)

- AND -

A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

SUBJECT:

1.Appeal of Adjudication Officer Decision No: ADJ-00036175, CA-00034766-003.

BACKGROUND:

2.The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 14 January 2022 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 8 December 2021 the Adjudication Officer issued the following Recommendation:

“Section 13 of the Industrial Relations Acts, 1969 requires that I make a Recommendation in relation to the dispute. These issues were not pursued at the Hearing and I find in favour of the Employer. (CA-00034766-001 and CA-00034766-002).’’

A Labour Court hearing took place on 17 May 2022.

DECISION:

This dispute between a Worker and his former Employer was referred to the Court by the Worker under S. 13(9) of the Industrial Relations Act 1969.

The relevant section of the Act provides for an appeal to this Court of a Recommendation by an Adjudication Officer. However, the Adjudication Officer noted that the matters in dispute were not pursued at adjudication.

Accordingly, there is not a valid appeal within the meaning of the Act, before the Court.

NOTE

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