LCR22846

The Court has given very careful consideration to the written submissions of the parties. The Court decided at its
hearing that the written submissions of the parties should be taken as read and invited the parties to orally outline
how they might see a resolution to the dispute before the Court being achieved on a voluntary basis.

The referral to the Court has been made under Section 20(1) of the Industrial Relations Act, 1969 (the Act).
Consequently, no matter of law arises for consideration by the Court. That legislative provision requires the Court to
make a recommendation having regard to the merits of the trade dispute between the parties and to give its opinion
as to the terms upon which it should be resolved. Neither party is under a legal obligation to accept the opinion of
the Court in relation to the matter, albeit the worker has undertaken, in an industrial relations sense, to accept the
opinion of the Court.

The Court has noted that the employment relationship has terminated and that the parties are, separately to the
within referral under the Act, before the Adjudication Service of the Workplace Relations Commission under the
Unfair Dismissals Act, 1977 (the Act of 1977) with regard to that termination.

The Court, having regard to all of the circumstances, recommends that the parties recognise that no practical
contribution to the resolution of issues between the parties can be made by any Recommendation made on foot of
the referral under Section 20(1) of the Act; and that the more pragmatic analysis would be to the effect that any
differences existing between the parties will be concluded as a result of the procedures which have been engaged
under the Act of 1977. The parties should therefore accept that their trade dispute under the Industrial Relations
Acts is resolved.

The Court so recommends.