LCR22758

1.Appeal Of Adjudication Officer Decision No ADJ-00028086 CA-00035751

BACKGROUND:

2.The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 22 February 2023. The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 08 March 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 14 February, the Adjudication Officer issued the following Recommendation:

"I recommend in favour of the Worker. I recommend that the Employer pays the Worker the sum of €4,000 in settlement of the dispute"

A Labour Court hearing took place on 3 March 2023

DECISION:

The Court has given very careful consideration the written and oral submissions of the parties.

Both parties have appealed the recommendation of the Adjudication Officer given in respect of this trade dispute.

The Court has noted:

• 
  • That both parties have requested the Court to set aside the recommendation of the Adjudication Officer.

  • That the disciplinary sanction administered as a result of the disputed disciplinary process expired on 4^thOctober 2020.

  • That there is no dispute that all records of the matter and the sanction administered to the worker have been expunged from the worker’s file

  • That it is common case that a matter on the same facts is being pursued as a matter of law.

The Court has, in all of the circumstances, decided that the decision of the Adjudication Officer should be set aside and that the parties should accept that the industrial relations trade dispute is resolved and closed.

The Court so decides

	Signed on behalf of the Labour Court
	Kevin Foley
AR	______________________
23 May 2023	Chairman