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LCR22403

FULL RECOMMENDATION

CD/21/35
ADJ-00027622 CA-00035361-001

DECISION NO. LCR22403

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

DEPARTMENT OF AGRICULTURE, FOOD AND THE MARINE
(REPRESENTED BY CATHY MAGUIRE, BL, INSTRUCTED BY THE CHIEF STATE SOLICITOR'S OFFICE)

- AND -

MS GRACE O' BRIEN

DIVISION :

Chairman:	Ms O'Donnell
Employer Member:	Ms Connolly
Worker Member:	Mr Bell

SUBJECT:

1. Appeal Of Adjudication Officer Decision No(S)

BACKGROUND:

2. This dispute concerns the Worker's claim that she was subject to a verbal allegation. This dispute was referred to the Workplace Relations Commissioner for investigation and recommendation. On 12th January 2021 the Adjudication Officer issued the following Recommendation: -
" The claim falls as I do not hold the jurisdiction to proceed to investigate this claim. Section 23 of the Industrial Relations Act, 1990 excludes the claimant from advancing her claim as she is employed under the State."

On 9 February 2021, the Employee appealed the Adjudication Officer’s Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court hearing took place on 22 April 2021.

DECISION :

This case is an appeal by the Worker of Decision ADJ-00027622 of an Adjudication Officer.

The Adjudication Officer held that the claim falls as she did not have jurisdiction to investigate the claim.

Section 23 of the Industrial Relations Act,1990 excludes this Worker from advancing her complaint as she is employed under the State. On that basis Court does not have jurisdiction to hear the parties in respect of the manner in dispute.

The Decision of the Adjudication Officer is upheld.

The Court so decides.

	Signed on behalf of the Labour Court

	Louise O'Donnell
NJ	______________________
26 April 2021	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Noel Jordan, Court Secretary.