LCR22783

1. Appeal of Adjudication Officer Decision No(s) ADJ-00039152

BACKGROUND:

2. The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 11 April 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 2 March 2023 the Adjudication Officer issued the following Recommendation:

"It is now my recommendation that the findings and recommendations contained within the report
are fully and completely implemented."

DECISION:

This matter comes before the Court under s. 13(9) of the Industrial Relations Act, 1969.

The role of the Court under that Act is to assist parties in the resolution of a trade dispute.

The particular dispute arises from an independent review, to which both parties agreed and in respect of which terms of reference were agreed in advance. The Employer is unhappy with the outcome of that review, believes that some of the recommendations exceeded the terms of reference and argues that one of its own managers in accepting the recommendations exceeded his authority.

It is difficult to see how the resolution of the dispute could be assisted by the Court recommending anything other than that both parties should accept the results of a review to which they had both agreed. Any practical difficulties, such as those outlined to the Court, with the implementation of any recommendations ought, in the view of the Court, to have been made explicit to the reviewer at the appropriate time. It would border on the unthinkable for the Court to attempt in any way to second guess the outcome of a such a review, which is considerably more comprehensive than any exercise that the Court is capable of carrying out, other than in obviously extreme circumstances.

The Court recommends that the Employer honour the recommendations of the review that it commissioned by agreement with the Union.

The Recommendation of the Adjudication Officer is upheld.

	Signed on behalf of the Labour Court
	Tom Geraghty
SOC	______________________
5 JULY 2023	Deputy Chairman