LCR23033

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00046867 (CA-00057823 IR-SC-00001567)

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 23 November 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 26 October 2024 the Adjudication Officer issued the following Recommendation:

“As it has not been shown that the internal procedures have been exhausted, I recommend that the Worker engages in a meaningful way with the Employer’s pensions appeals process regarding the investigation of her complaint.’’

A Labour Court hearing took place on 22 August 2024.

DECISION:

The Court has given very careful consideration to the written and oral submissions of the Court.

The worker seeks access to a pension scheme operated by the employer on a basis set out by her to the Court and with effect from a date outlined by her.

During the course of the hearing of the Court it became clear that the worker had, in 2014, made a complaint in respect of these matters to the then Pensions Ombudsman. The employer had, at that time, received sanction to concede access to the pension scheme on certain terms to the worker.

The worker could not recollect the detail of that situation, and neither could she recall how her complaint before the Ombudsman had concluded. She could not say for example if she had withdrawn the complaint.

The worker did not access the pension scheme at that time.

The employer has undertaken to engage at a senior internal expert level with the worker to address all aspects of her claim to be allowed access to the pension scheme by reference to the terms of that scheme. It is beyond the competence of this Court to examine and reach conclusions as regards what is permitted under the terms of the scheme and what is not permitted by those terms.

It is clear that if the engagement offered by the employer did not result in a shared understanding of the rules of the scheme at issue or a dispute as to whether the terms of the scheme have been properly applied to the worker, a referral by the worker to the now Financial Services and Pensions Ombudsman is open to her.

In all the circumstances of the matter, the Court decides that the offer of the employer should be taken up, and that engagements between the worker and the senior level internal technical experts be concluded within three months. Any referral thereafter to the Ombudsman will be a matter for the worker.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
ÁM	______________________
26 August 2024	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Áine Maunsell, Court Secretary.