LCR22341

1. Appeal of Adjudication Officer Decision ADJ-00025386

BACKGROUND:

2. This matter was referred to an Adjudication Officer for investigation and Recommendation.
On 10 July 2020, the Adjudication Officer issued the following Recommendation: -

“I recommend that the Employer pays the Worker €6000 for its failings in this matter and the adverse consequences for the Worker”

The Worker appealed the Adjudication Officer’s Decision to the Labour Court on 12 August 2020, in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court hearing took place on 16 December 2020.

DECISION :

The consistent position of this Court is that it will not seek to second guess decisions taken by interview boards unless there is clear evidence of unfairness in the process or manifest irrationality in the result.

The Court is not satisfied that the Worker’s case has met either of these requirements and, therefore, the Court is not in a position to recommend an award for any alleged injuries suffered by the Worker, as claimed.

The Recommendation of the Adjudication Officer is over-turned.

The Court notes that the parties are engaged in discussions regarding processes to deal with the outcome of future competitions. The Court urges the parties to conclude these discussions at the earliest possible time.

	Signed on behalf of the Labour Court
	Tom Geraghty
NJ	______________________
12 January 2021	Deputy Chairman