LCR22811

1. Appeal Of Adjudication Officer Decision No ADJ-00045127 CA-00044786-001

BACKGROUND:

2. The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 7 June 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 4 May 2023 the Adjudication Officer issued the following Recommendation:-

“Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

CA-00044786-001

I recommend that the Employer pay the Worker the sum of €3,000 in compensation within 28 days of the date below. I further recommend that the parties explore the engagement of the services of an external mediator resolve any issues regarding communication arising in the workplace."

A Labour Court hearing took place on 25 August 2023.

DECISION:

Background to the Appeal

This is an appeal on behalf of Grant Engineering (Ireland) Unlimited Company (‘the Company’) from a Recommendation of an Adjudication Officer (ADJ-00045127, dated 4 May 2023) under section 13 of the Industrial Relations Act 1969 (‘the Act’). Notice of Appeal was received in the Court on 7 June 2023.

The Court heard the appeal in Dublin on 25 August 2023. There was no appearance by or on behalf of the Worker whose representative had been on full notice of the hearing of the within appeal.

Decision

The Court conducts appeals under the Act on a ‘de novo’ basis. In circumstances where a Complainant/Worker does not appear before the Court to set out/his her side of the dispute the Court has no option but to conclude that his/her complaint under the Act is not well-founded. The Court so finds in this case. The Recommendation of the Adjudication is, therefore, set aside.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
AR	______________________
28 August 2023	Deputy Chairman