LCR23106

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00051702 (CA-00063326, IR -SC - 00002602)

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 21 October 2024 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 6 September 2024 the Adjudication Officer issued the following Recommendation.

“I do not have jurisdiction to investigate this dispute referred under s 13 of the Industrial Relations Act, 1969.’’

A Labour Court hearing took place on 17 January 2025.

DECISION:

This is an appeal by the Complainant of a Decision of an Adjudication Officer.  The Adjudication Officer held that the Complainant was not a Worker as defined by the Industrial Relations Act 1946-2015(the Act) and therefore he did not have jurisdiction to investigate the dispute.

The Complainant submitted that she is a Worker for the purpose of the Act and that the Respondent is her Employer.  It was her submission that she carried out work for the Respondent assessing applications for accreditation/re-accreditation in line with policies and procedures. She had an oral contract with the Respondent and that a trade dispute existed. The Respondent in their submission stated that they are a professional accreditation body and the that the Complainant was a volunteer who held a position that she was elected to. She was a member of the body from December 2012 until April 2024 when her membership was rescinded as she did not comply with the terms of renewal of her membership. Once her membership was rescinded, she could no longer hold the elected position.

 In response to questions from the Court the Complainant confirmed that there was no offer of employment, she was invited to put herself forward for election and was successfully elected. She confirmed that she carried out work for the body but did not receive any consideration for same.  She also confirmed that she was employed full-time in the Public Sector.

The Court having carefully considered the submissions of both parties finds that the Complainant is not a Worker as defined by section 23 of the Industrial   Relations Act 1946 to 2015 and that she was not employed under either a contract of or a contract for service. The Court therefore, does not have jurisdiction to hear the case. The appeal fails

 The Decision of the Adjudication Officer is upheld.

The Court so decides.

	Signed on behalf of the Labour Court
	Louise O'Donnell
AR	______________________
28 January 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Aidan Ralph, Court Secretary.