| CD/21/61 | RECOMMENDATION NO. LCR23048 |
INDUSTRIAL RELATIONS ACTS 1946 TO 2015
S. 20(1) INDUSTRIAL RELATIONS ACT 1969
PARTIES:
(REPRESENTED BY MS MAIREAD MC KENNA SC AND MR FRANK CREAN BL INSRUCTED BY SWEENEY MC GANN LLP SOLICITORS)
AND
A WORKER
DIVISION:
| Chairman: | Ms O'Donnell |
| Employer Member: | Ms Doyle |
| Worker Member: | Mr Bell |
SUBJECT:
This is a claim by the Worker under Section 20 (1) of the Industrial Relations Act 1969
BACKGROUND:
This dispute concerns a complaint in relation to treatment by the company. The Worker referred this case to the Labour Court on 8 April 2021 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 17 September 2024.
RECOMMENDATION:
Background
This is a claim by the Worker under Section 20 (1) of the Industrial Relations Act 1969.
This case is linked to cases TE/22/42, HSC/22/11, TE/22/43, HSC/22/12, HSC/22/13, CD/21/81 and CD/21/259.
Preliminary issue
Ms. McKenna SC representative for the Respondent informed the Court that she wanted to raise a preliminary issue that was relevant to all the appeals and complaints before the Court. The Complainant had entered into a mediated settlement with the assistance of her legal team and compromised all the complaints /appeals and therefore the Court had no jurisdiction to hear these cases. A copy of the agreement was provided to the Court. The Complainant at the time of the agreement was accompanied by a family member and represented by Senior and Junior Counsel.
The Complainant said she objected to the Court dealing with the preliminary issue but did not have any legal basis for her objection. The Complainant confirmed that there was a compromise agreement and that she did have legal representation during the mediation process. She confirmed to the Court that she had accepted the mediated agreement of 29th November 2022.
Discussion and Determination
The Court notes that the Complainant entered into a compromise agreement with the Respondent which encompassed this complaint. The Complainant was legally represented at the time of the mediation. The Court finds that it does not have jurisdiction to hear the complaint.
 | Signed on behalf of the Labour Court |
| |
| Louise O'Donnell |
| FC | ______________________ |
| 09 October 2024 | Deputy Chairman |
NOTE
Enquiries concerning this Recommendation should be addressed to Fiona Corcoran, Court Secretary.