LCR23025

PARTIES:

DIVISION:

SUBJECT:

Unfair Dismissal, bullying & persecution from the company

BACKGROUND:

The Worker referred this case to the Labour Court on 17 May 2024 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 8 August 2024.

RECOMMENDATION:

This matter comes before the Court as a referral by the worker made under Section 20(1) of the Industrial Relations Act, 1969. The worker did not attend the hearing of the Court. The Court is satisfied that the worker was properly notified and was aware of the date, time and venue for the hearing of the Court. The employer did attend the hearing of the Court.

The employer submitted that six separate justiciable complaints have been made by the worker against the employer under various employment enactments. The within matter is a matter where no law is involved but, rather, the Court is requested to investigate a trade dispute and to give its opinion in the form of a Recommendation, based on the merits of the trade dispute, as to how it should be resolved.

Having regard to the fact that the worker did not attend the hearing of the Court and thereby deprived the Court of her perspective on the trade dispute that, broadly speaking, appears to overlap with a range of complaints made in employment law, the Court Recommends that the parties accept that no useful purpose can be served by an industrial relations Recommendation which purports to addresses such matters.

The Court therefore recommends that the parties should accept that the industrial relations trade dispute is resolved and at an end.

The Court so Recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
TH	______________________
9 August 2024	Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.