HSD261

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00039225 (CA-00050559-002).

BACKGROUND:

The Complainant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 29(8) of the Safety, Health and Welfare at Work Acts, 2005 to 2014.

A Labour Court hearing took place on 12 February 2026. The following is the Decision of the Court:-

DECISION:

Background

This is an appeal by the Worker of an Adjudication Officer’s decision ADJ-00039225 CA-00050559-002. The Adjudication Officer held that they did not have jurisdiction to hear the complaint.

Preliminary issue

The parties agreed that the Court would only hear the parties on the preliminary issue.  The Complainant made a detailed submission stating that there was a difference between jurisdiction and waiver and that it was not permissible to contract or waive or exclude jurisdiction and therefore the agreement she had entered into did not preclude her from proceeding with a complaint under this Act.  The Complainant did not dispute that there was a compromise agreement and that she had legal representation during the mediation process. She confirmed to the Court that she had accepted the mediated agreement of 29th November 2022, and in her submission confirmed she had received and accepted the monetary element of the agreement she had entered into.

Ms McKenna SC representative for the Respondent informed the Court that the Complainant had entered into a mediated settlement with the assistance of her legal team and compromised all the complaints /appeals and therefore the Court had no jurisdiction to hear these cases. A copy of the agreement was provided to the Court. The Complainant at the time of the agreement was accompanied by a family member and represented by Senior and Junior Counsel.

Discussion and Determination

The Court notes that the Complainant entered into a compromise agreement with the Respondent which encompassed this appeal. The Complainant was legally represented at the time of the appeal.  This case is one of the cases listed in that agreement as being compromised. The Complainant has not provided cogent arguments or case law to support her contention that she could not legally compromise her complaint under this legislation.

The Court finds that it does not have jurisdiction to hear the appeal

The appeal fails. The Decision of the Adjudication Officer is upheld.

The Court so Determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
TH	______________________
13/03/2026	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Therese Hickey, Court Secretary.