LCR15378

FULL RECOMMENDATION CD/96/342 RECOMMENDATIONNO.LCR15378 INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NOVUM REFRIGERATION TECHNOLOGY LIMITED (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Employer Member: Worker Member:

SUBJECT:
1. Pension.


BACKGROUND:

2. The worker retired in 1992 at the age of 65. He was unable to join the Company's pension scheme in 1991 because of the age factor (he was 63 at the time). The worker asked to be retained in employment for a further year but this was refused by the Company. He brought a case of unfair dismissal to the Employment Appeals Tribunal. A hearing (case No. UD 678/92) took place in November, 1992. The Tribunal found in favour of the worker and awarded him £7,500.

The worker referred his case (that he had not received a pension) to the Labour Court on 19th June, 1996, in accordance with Section 20(1) Industrial Relations Act, 1969. The worker agreed to be bound by the Court's recommendation, which is as follows:



RECOMMENDATION:

The Court, having considered all the information before it, is of the view that the issues being raised were the subject of consideration in the claimant's case before the Employment Appeals Tribunal.



The Court, therefore, finds that under Section 7(d) of the Unfair Dismissal Act, 1993 it is not empowered to hear this case.



Signed on behalf of the Labour Court



Finbarr Flood
2nd December, 1996______________________
C.O'N./S.G.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.