LCR22926

PARTIES:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00048094 (IR-SC-00001303)

BACKGROUND:

The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 30 November 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 6 February 2024.

RECOMMENDATION:

This matter comes before the Court as an appeal by the employer of a Recommendation of an Adjudication Officer given under Section 13(9) of the Industrial Relations Act, 1969 in a referral by the worker of a trade dispute in which she is engaged with her employer.

Both parties made comprehensive submissions to the Court in relation to the matter before the Court. The parties also made the Court aware that, separately, three complaints in law are in being or in prospect between the parties based on the same or similar facts which underpin the trade dispute currently before the Court.

In the view of the Court, the effective conduct of industrial relations requires both parties to exercise realism, pragmatism and common sense. It is the Court’s assessment that there is no reality to the proposition that the two parties to the within trade dispute will reach a voluntary agreement on the basis of a non-legally binding decision the Court might make when, apparently, the same matters are the subject of disputation in law where justiciable outcomes will address the matters.

The Court therefore recommends that the parties should consider their industrial relations trade dispute as being resolved.

The Recommendation of the Adjudication Officer is set aside.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
SOC	______________________
13 February 2024	Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Sinead O'Connor, Court Secretary.