LCR23090

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00047818 (CA-00058894 IR-SC-00001796)

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 18 September 2024 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 20 December 2024.

The following is the decision of the Court.

DECISION:

This is an appeal by the Employer of the Decision of an Adjudication Officer.  There are three other Workers with the same claim who have also lodged appeals.  The Adjudication Officer held that the dispute related to a body of workers and in accordance with section 13(2) of the Industrial Relations Act 1969 the dispute was not properly before the Adjudication Officer. The Employer submitted that the Adjudication officer was correct in that he had no jurisdiction. However, he went beyond his remit when he requested that the parties put forward a case at the appropriate forum. The Employer submitted that this was outside of his jurisdiction and not helpful. It built up an expectation among the Workers, who had written to the Employer asking them to comply with the Adjudication Officers recommendation and “to allow the regrading to proceed.”

The Union on behalf of the Worker accepted that all four claims are the same and that the grade exists outside of this employment. They accept that the claim is collective in nature which gives rise to jurisdictional issue in terms of processing the claims under section 13(9).  

 The Court having engaged with the parties finds that it does not have jurisdiction to hear the claim and, in those circumstances, it would not be appropriate to comment on the merit or otherwise of the claims. 

The recommendation of the Adjudication officer is varied accordingly.

 The Court so decides.

	Signed on behalf of the Labour Court
	Louise O'Donnell
ÁM	______________________
7th January 2025	Deputy Chairman

NOTE

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