LCR22724

1.Compensation for Lost Pay and Allowances

BACKGROUND:

2.The Worker referred a complaint to the Labour Court on 5 January 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 on 16 March 2023.

RECOMMENDATION:

The Court has given very careful consideration to the written and oral submissions of the parties. This matter comes before the Court as a trade dispute referred by the worker under Section 20(1) of the Industrial, Relations At, 1969. Consequently, no complaint under any employment rights statute or any matter of law lies before the Court in this referral.

The Court notes that (a) a matter arising under the same set of facts is separately before the Workplace Relations Commission as a complaint under the Payment of Wages Act, 1991, and (b) although the parties’ agreed grievance procedure was initiated no exercise of that process by way of decision or outcome occurred.

It is the view of the Court that, in exercise of orderly industrial relations in an environment where the parties recognise each other for bargaining purposes, the parties should effectively utilise their agreed grievance procedure in the first instance before initiating a referral of a matter to the Court. In such circumstances, any dispute arising would, in accordance with the agreed procedures, be related to the outcome of those procedures by way of disputed decision or recommendation and would properly fall to be considered at first instance by an Adjudication Officer of the Workplace Relations Commission.

If the parties are disagreed nationally as regards the correct operation of their agreed procedures, for example as to whether, under that procedure, it is appropriate for a Superintendent to conduct a stage 1 or stage 2 hearing in a case such as the matter before the Court, that disagreement should properly, in the view of the Court, be addressed directly as a national matter in the appropriate forum.

In all of the circumstances, the Court recommends, in the interest of the orderly conduct of industrial relations, that the parties should agree locally how the grievance procedure can, even at this remove in time, be re-engaged so as to secure an outcome through those procedures to the worker’s grievance.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
NCL	______________________
24 March 2023	Chairman