FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS 1946 TO 2015 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES: AN EMPLOYER (REPRESENTED BY ARTHUR COX SOLICITORS) AND A WORKER DIVISION:
SUBJECT: Request under Section 20(1) of the Industrial Relations Act 1969.
The Worker referred this case to the Labour Court on 14 July 2023 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 in a virtual setting on 16 November 2023. RECOMMENDATION: The Court has given very careful consideration to the written and oral submissions of the parties. Both parties are agreed that the worker never worked for the respondent he has identified on his referral to the Court, and that the respondent was never his employer. It was common case that he was at all material times employed by an entity in Poland. The respondent asserted to the Court that it was not in dispute with the worker as regards any matter relating to his employment or at all. This matter comes to the Court under the Industrial Relations Acts under provisions which require the Court to make a Recommendation under Section 68 of the Industrial Relations Act, 1946. No matter of law arises in relation to this matter and no Recommendation which might issue from the Court can be binding in law. The Act of 1946 at Section 68 provides as follows: 68.(1) The Court, having investigated a trade dispute, may make a recommendation setting forth its opinion on the merits of the dispute and the terms on which it should be settled. Having regard to the oral and written submissions of the parties, and in particular their shared view that an employment relationship had never existed between them, the Court is of the view that no Recommendation on its part can assist them in finding agreement on the matters raised by the worker. In those circumstances, the Court recommends that the parties regard any industrial relations trade dispute that either party might contend has existed between them has been resolved. The Court has been asked by the respondent to anonymise the parties in this Recommendation. The worker did not support this request. Notwithstanding the parties’ difference of view on this matter the Court, having regard to the fact that the hearing was held in private and the consensus between them that no employment relationship had existed between them, decided to accede to the responding party’s request. The Court so recommends.
NOTE Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary. |
