FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES: SVETAC LIMITED (REPRESENTED BY AISLING O'DONNELL B.L. INSTRUCTED BY KEN KENNEDY SOLICITORS) - AND - MR LUIZ ALBERTO PEREIRA DA SILVA DIVISION:
SUBJECT: 1.Appeal Of Adjudication Officer Decision No(s)ADJ-00034768 CA-0045715-001 DECISION: Mr. da Silva, ‘the Complainant’ was employed by Svetac Ltd., ‘the Respondent’, from 16 December 2020 to 16 June 2021 when he was dismissed. The Complainant lodged a complaint under the Industrial Relations Act 1969, ‘the Act’, with the Workplace Relations Commission, ‘WRC’. The Complainant failed to attend the hearing by an Adjudication Officer, ‘AO’. The AO Decision noted that the Complainant had not attended the hearing and stated ‘I make no recommendation’. The Complainant lodged an appeal with this Court, explained that he had only received two days’ notice of the WRC hearing due to a change of address. The applicable law. Industrial Relations Act 1969 13. (9)(a) A party to a dispute in relation to which an Adjudication Officer has made a recommendation may appeal to the Court against the recommendation and the parties to the dispute shall be bound by the decision of the Court on the appeal. Recommendation The Court’s jurisdiction under s.13(9) of the Act is confined to consideration of appeals from recommendations by an Adjudication Officer. There is no recommendation in this case. Accordingly, the Court lacks jurisdiction to hear the appeal and cannot make a recommendation.
NOTE Enquiries concerning this Decision should be addressed to David Campbell, Court Secretary. |
