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LCR22795

FULL RECOMMENDATION


CD/23/6
ADJ-00042256
DECISION  NO.  LCR22795

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969


PARTIES:
APPLE OPERATIONS EUROPE LIMITED
(REPRESENTED BY TIERNAN LOWEY B.L., INSTRUCTED BY MATHESON SOLICITORS

- AND -

A WORKER


DIVISION:

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


SUBJECT:

1. Appeal of Adjudication Officer Decision No(s) ADJ-00042256

BACKGROUND:

2. The Worker appealed the Recommendation of the Adjudication Officer to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 27 June 2023. The following is the Decision of the Court:-





DECISION:

This is an appeal by a Worker of the Decision of an Adjudication Officer in respect of his complaint that he should be on a higher rate of pay. The Adjudication Officer rejected the complaint and held it was not well founded. This complaint is linked to Determination No EDA2329 and Determination No PWD2315.

Mr Lowey BL on behalf of the Respondent raised a preliminary issue. He drew the Courts attention to Recommendation No LCR22241 which the Complainant had taken under Section 20 (1) of the Industrial Relations Act,1969 whereby he had given an undertaking to the Court to be bound by the outcome of that hearing. The issue raised by the Complainant at that hearing is the same issue as the Worker is seeking to raise now. The division of the Court in that case held that his complaint was not well founded and rejected his claim. Mr Lowey submitted that the Court is debarred from hearing the issue again.

The Complainant confirmed to the Court that he had agreed to be bound by recommendation LCR22241 and that the issue before the Court was the same issue. However, he submitted that he wanted to approach the issue from a different angle on this occasion.

The Court informed the parties that it would take the parties submissions as read and that the first issue the Court would have to consider is the preliminary issue raised by Mr Lowey BL.

Decision

Section 13 (3) (b) states that “an adjudication officer shall not investigate a trade dispute-


  • (i) If the Court has made a recommendation in relation to the dispute, or

    (ii) (11)……”


The Worker accepts that the Labour Court under LCR22241 has already issued a recommendation on this issue and therefore his appeal must fail.

The decision of the Adjudication officer is upheld. The appeal fails.

The Court so decides.

Signed on behalf of the Labour Court
Louise O'Donnell
CO'R ______________________
26 July 2023 Deputy Chairman


NOTE

Enquiries concerning this Decision should be addressed to Clodagh O'Reilly, Court Secretary.