LCR23182

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: Section 20(1) Industrial Relations Act 1969 (Referral under Section 20(1) of the Industrial Relations Act 1969).

BACKGROUND:

The Worker referred this case to the Labour Court on 13th February 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 24th September 2025.

RECOMMENDATION:

The Worker referred this case to the Labour Court on 13th February 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 24th September 2025.

At the outset of the hearing the Court explained that its role when investigating a complaint about a trade dispute is to hear the parties and set out its opinion on how the matter in dispute between the parties can be resolved.  As complaints about trade disputes are not matters of law, the Labour Court has no legal authority to administer justice in relation to breaches of employment rights or to hear and decide disputes in relation to any other matters of law.

In this case the worker’s employment with his former employer ceased in January 2025. He takes issue with matters relating to the terms of his employment (in particular issues relating to driving license requirements) that led to the termination of his employment. He seeks that the Court consider those matters and make a recommendation that the parties engage in a dialogue with a view to resolving those matters.

The employer submits that the matters at issue are employment rights disputes which were submitted to the WRC by the worker, and were the subject of a settlement agreement entered into between the parties, which the worker now seeks to have separately adjudicated upon as a “trade dispute”.

The Court has considered the extensive written submissions made to the Court and the replies to questions asked at the hearing.

The Court notes the worker is no longer in the employment of the employer. In the view of the Court, the worker in this case is seeking that the Court reopen matters that have been progressed and settled between the parties as part of his employment rights appeal.

That being the case, it is not realistic to request that the Court make a recommendation that offers the parties a credible means of resolving a dispute, in circumstances where the subject matter of that dispute is the subject of a legally binding outcome between the parties.

Having regard to all of the circumstances, the Court is of the view that the matters before it is not capable of voluntary resolution as an industrial relations dispute and, therefore, it is not appropriate for it to make a recommendation in this case.

The Court so recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
JNF	______________________
25 September 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Julie Nicholl Flood, Court Secretary.