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FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GREEN ISLE FOODS
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Treacy |
1. An Appeal of Adjudication Officer Recommendation No(s). ADJ-000011270 CA-00014764-001/002
BACKGROUND:
2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On 3 August 2018 the Adjudication Officer issued the following Recommendation:-
- “For the reasons set out above I do not uphold complaints CA-00014764-001, CA-00014764-002, CA-00014764-003, CA-00014764-004 and CA-00014764-005 and they are all dismissed”.
The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 1 October 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court Hearing took place on 6 August, 2019.
DECISION :
This matter comes before the Court as an appeal of a decision of an Adjudication Officer made under Section 13 of the Industrial Relations Act, 1969. The decision of the Adjudication Officer was made on 3rd August 2018. The within appeal was received on 1st October 2018.
The Court is prohibited by Section 36(2) of the Industrial Relations Act, 1990 from considering an appeal made under Section 13 of the 1969 Act unless such appeal is notified to the Court within six weeks of the making of the decision by the Adjudication Officer.
The within appeal was made to the Court more than six weeks after the making of the decision by the Adjudication Officer and consequently the Court does not have jurisdiction to consider the appeal.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
CC ______________________
14 August 2019 Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.