LCR22930

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00035473 (CA-00046624).

BACKGROUND:

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

On 23 November 2023 the Adjudication Officer issued the following Recommendation:

 “I recommend a written statement be provided to the Stores Supervisor by the Employer confirming that no allegation or inference of theft was made against any member of staff on 23rd February 2021 in order to conclude the matter. The statement should be provided to the Stores Supervisor as soon as possible”

A Labour Court hearing took place in a virtual setting on 16 February 2024.  

DECISION:

This is an appeal by a Worker of the Decision of an Adjudication Officer.  A preliminary matter arose at the start of the hearing whereby the Employer indicated that there was no trade dispute between the Worker and the Employer. The Worker indicated that they agreed that there was no dispute with the Employer and that the dispute was with another Worker who was not present.

Section13 (3) of the Industrial Relations Act 1969 provides for an investigation into a Trade dispute. A Trade dispute is a dispute between a Worker and their Employer. As both parties have confirmed to the Court that there is no Trade dispute between the Worker and the Employer the Court does not have jurisdiction to hear the complaint.

The Decision of the Court is that it does not have jurisdiction to hear this complaint.

The Court so decides.

The decision of the Adjudication officer is set aside.

	Signed on behalf of the Labour Court
	Louise O'Donnell
TH	______________________
5 March 2024	Deputy Chairman

NOTE

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