FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES: APPLE OPERATIONS EUROPE LIMITED (REPRESENTED BY TIERNAN LOWEY B.L., INSTRUCTED BY MATHESON SOLICITORS - AND - A WORKER DIVISION:
SUBJECT: 1.Appeal of Adjudication Officer Decision No(s) ADJ-00042256 DECISION: Mr Lowey BL on behalf of the Respondent raised a preliminary issue. He drew the Courts attention to Recommendation No LCR22241 which the Complainant had taken under Section 20 (1) of the Industrial Relations Act,1969 whereby he had given an undertaking to the Court to be bound by the outcome of that hearing. The issue raised by the Complainant at that hearing is the same issue as the Worker is seeking to raise now. The division of the Court in that case held that his complaint was not well founded and rejected his claim. Mr Lowey submitted that the Court is debarred from hearing the issue again. The Complainant confirmed to the Court that he had agreed to be bound by recommendation LCR22241 and that the issue before the Court was the same issue. However, he submitted that he wanted to approach the issue from a different angle on this occasion. The Court informed the parties that it would take the parties submissions as read and that the first issue the Court would have to consider is the preliminary issue raised by Mr Lowey BL. Decision Section 13 (3) (b) states that “an adjudication officer shall not investigate a trade dispute-
The Worker accepts that the Labour Court under LCR22241 has already issued a recommendation on this issue and therefore his appeal must fail. The decision of the Adjudication officer is upheld. The appeal fails. The Court so decides.
NOTE Enquiries concerning this Decision should be addressed to Clodagh O'Reilly, Court Secretary. |
