FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES: OUR LADY OF LOURDES HOSPITAL (REPRESENTED BY HEALTH SERVICE EXECUTIVE) - AND - A WORKER (REPRESENTED BY UNITE THE UNION) DIVISION:
SUBJECT: 1.Appeal of Adjudication Officer Decision No(s) ADJ-00042265 CA-00052982 A Labour Court hearing took place on 14 July 2023.
The Adjudication Officer decided that the matter was ‘res judicata’ and that she did not have jurisdiction to hear the case when it was referred back to the Workplace Relations Commission. The issue comes before the Court under the Industrial Relations Act. The Court’s function under the relevant Act is to offer a Recommendation regarding a trade dispute, in order to assist the parties in a resolution. The Court’s function under the Act is not judicial and the outcome of the Court’s deliberations in cases taken under the Act are not justiciable. Therefore, the Court is satisfied that the principle of ‘res judicata’ is not applicable. The trade dispute arises from a team meeting attended by the Worker and her manager. What transpired at the meeting caused upset to the Worker and a colleague, both of whom have made complaints under the Industrial Relations Act. The manager has apologised on a number of occasions for the upset caused. It is difficult to see what assistance the Court can offer in the circumstances but the Court is happy to note that, at the hearing, the parties reached agreement to the principle of the matter concerned being dealt with through mediation and to the appointment of an external mediator, to be agreed by the parties. The Court is prepared to recommend that the parties pursue a resolution in the manner agreed. In doing so, the Court made clear to the parties that it has a clear expectation that the matter will be resolved through mediation and that it will not be referred back to the Court in the future.
NOTE Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary. |
