CD/25/78
RECOMMENDATION NO. LCR23138 |
INDUSTRIAL RELATIONS ACTS 1946 TO 2015
SECTION 20(1) INDUSTRIAL RELATIONS ACT 1969
PARTIES:
(REPRESENTED BY MR. BARRY O’MAHONY B.L.
INSTRUCTED BY ARAG)
AND
A WORKER
DIVISION:
| Chairman: | Ms. Connolly |
| Employer Member: | Mr. O'Brien |
| Worker Member: | Ms. Treacy |
SUBJECT:
Referral under Section 20(1) of the Industrial Relations Act 1969.
BACKGROUND:
The Worker referred this case to the Labour Court on 18 March 2025 in accordance with Section 20 (1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court’s Recommendation.
A Labour Court hearing took place on 27 May 2025.
RECCOMENDATION:
The worker lodged a complaint to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
The worker submits that she processed a formal grievance relating to her employment through the internal grievance procedure, but her employer failed to follow that procedure when she sought to refer the matter to the Workplace Relations Commission. She had no option but to avail of a Section 20(1) referral route as her employer objected to an investigation of her complaint by an Adjudication Officer of the Workplace Relations Commission.
The Employer submits that it objected to the referral of the worker’s compliant for investigation by an Adjudication Officer as, in its view, it had acted reasonably and has made significant efforts to resolve the matters at issue.
At the hearing, both parties confirmed to the Court that there are well established procedures in place in this employment to address workplace disputes.
The long-standing position of the Labour Court is to uphold agreed and established dispute resolution procedures, and the Court expressed its concern to the parties about the manner in which a complaint has come before the Court by way of a Section 20(1) complaint.
The Court, in all the circumstances, recommends that the parties return to their established procedures and process the within claim through those procedures, up to and including a referral to the Court if that is so necessary.
The Court so recommends.
 | Signed on behalf of the Labour Court |
| |
| Katie Connolly |
| TH | ______________________ |
| 03 June 2025 | Deputy Chairman |
NOTE
Enquiries concerning this Decision should be addressed to Ms Therese Hickey, Court Secretary.