| TE/22/43 | DECISION NO. TED2421 |
SECTION 44, WORKPLACE RELATIONS ACT 2015
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014
PARTIES:
(REPRESENTED BY MS MAIREAD MC KENNA SC AND MR FRANK CREAN BL INSTRUCTED BY SWEENEY MC GANN LLP SOLICITORS)
AND
MS CONNIE GERETY
DIVISION:
| Chairman: | Ms O'Donnell |
| Employer Member: | Ms Doyle |
| Worker Member: | Mr Bell |
SUBJECT:
Appeal of Adjudication Officer Decision No's: ADJ-00035088 (CA-00045922-001)
BACKGROUND:
The worker appealed the Decision of the Adjudication Officer to the Labour Court on 25 August 2022 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2014. A Labour Court hearing took place on 17 September 2024. The following is the Decision of the Court:
DECISION:
Background
This is an appeal by the Worker of an Adjudication Officer’s decision. The Adjudication Officer did not recommend concession of the Worker’s claim.
This case is linked to cases, HSC/22/11, HSC/22/12, TE/22/42, HSC/22/13, CD/21/61, 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 appeal. The Complainant was legally represented at the time of the mediation. The Court finds that it does not have jurisdiction to hear the appeal.
The appeal fails. The Decision of the Adjudication Officer is upheld.
The Court so Determines.
 | Signed on behalf of the Labour Court |
| |
| Louise O'Donnell |
| FC | ______________________ |
| 09 October 2024 | Deputy Chairman |
NOTE
Enquiries concerning this Decision should be addressed to Fiona Corcoran, Court Secretary.