LCR23098

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00045717 (CA-00056525)

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 15 May 2024 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 10 April 2024 the Adjudication Officer issued the following Recommendation:

“In those circumstances the Adjudicator concludes that no trade dispute within the meaning of the Acts is in being between the parties and consequently the Adjudicator, having regards to my jurisdiction under the Industrial Relations Act, 1969, is unable to conduct an investigation of the matter or to make a Recommendation.”

A Labour Court hearing took place on 10 December 2024.

DECISION:

This matter comes before the Court as an appeal by the worker against the Recommendation of an Adjudication Officer in relation to a trade dispute the worker had referred to the Workplace Relations Commission.

The worker was employed by an employment agency at the material time, and she was assigned to an entity with whom the agency held a contract – The HSE. She contended that was engaged in a trade dispute within the meaning of the Industrial Relations Acts with the entity – the HSE - to which she was assigned by the employment agency.

The Adjudication Officer, in his Recommendation, was of the opinion that the worker was not, within the meaning of the Industrial Relations Acts, a worker in the employment of the HSE with whom she contended she was engaged in a trade dispute.

The Court engaged with the parties at its hearing and there was a consensus that the worker was not, within the meaning of the Industrial Relations Acts, a worker within the meaning of the Industrial Relations Acts in the employment of the HSE; and consequently, no trade dispute within the meaning of the Industrial Relations Acts between the HSE and the worker was in being.

In those circumstances, the Court concludes that the within matter is not a trade dispute between the parties before the Court, and no decision by the Court as to how such an alleged trade dispute between the parties might be settled is appropriate.

The Court so decides

	Signed on behalf of the Labour Court
	Kevin Foley
CC	______________________
16th January 2025	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.