LCR22789

1. Appeal Of Adjudication Officer Decision No ADJ-00042996, CA-00054109, IR-SC-00000376

BACKGROUND:

2. The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 27 February 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 19 January 2023 the Adjudication Officer issued the following Recommendation:

"Section 13 of the Industrial Relations Acts 1969, requires that I make a recommendation in relation

to the dispute.

I find that the worker lacks the legal title of “worker “under Section 23 of the Industrial Relations

Act, 1990 on which to permit investigation or recommendation in this complaint.

I cannot advance the matter further."

A Labour Court hearing took place on 13 July 2023.

DECISION:

Background to the Appeal

This is an appeal by the Worker from a Recommendation of an Adjudication Officer (IR-SC-00000376, dated 19 January 2023) under section 13 of the Industrial Relations Act 1969. Notice of Appeal was received in the Court on 27 February 2023. The Court heard the appeal in Cork on 13 July 2023.

Jurisdictional Issue

The Adjudication Officer declined jurisdiction to investigate the Worker’s dispute referred to her under section 13 of the Industrial Relations Act 1969 as the Worker, who is an employee of the Legal Aid Board – and therefore a public servant - is not comprehended by the definition of ‘worker’ for the purposes of the Industrial Relations Acts.

Discussion and Decision

Section 23(1) of the Industrial Relations Act 1990 provides:

• “23.—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means a member of the Garda Síochána referred to in subsection (1A) and any person aged 15 years or more who has entered into or works under (or, where the employment has ceased, worked under) a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) but does not include—
  • (a) a person who is employed by or under the State,

    (b) a teacher in a secondary school,

    (c) a teacher in a national school,

    (ca) a teacher employed by an education and training board”.

The Recommendation of the Adjudication Officer is, therefore, upheld.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
AR	______________________
17 July 2023	Deputy Chairman