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LCR22383

FULL RECOMMENDATION


CD/20/230
RECOMMENDATION NO. LCR22383

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
QUALCOMM CORK
(REPRESENTED BY QUALCOMM CORK)

- AND -

A WORKER


DIVISION :

Chairman: Ms O'Donnell
Employer Member: Mr Marie
Worker Member: Ms Treacy

SUBJECT:

1. Disparagement, Victimisation, and Unfair Dismissal.

BACKGROUND:

2. This complaint concerns a claim by the Worker that he was unfairly dismissed.
On 11 May 2020, the Worker, referred this dispute to the Labour Court 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 19 March 2021.

The Company did not attend the virtual Court hearing.



RECOMMENDATION :

At the commencement of the hearing the Worker confirmed that the Company he wished to take the case against were not his Employer. He had been assigned by his employer to work on their site.

The Court advised the Worker that in those circumstances the Court could not hear his complaint as the Court‘s jurisdiction under section 20(1) was to hear a complaint between a Worker and their Employer.

Signed on behalf of the Labour Court
Louise O'Donnell
NJ ______________________
22 March 2021 Deputy Chairman


NOTE

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