| CD/24/172 |
DECISION NO. LCR23087
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INDUSTRIAL RELATIONS ACTS 1946 TO 2015
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
(REPRESENTED BY COMYN KELLEHER TOBIN LLP)
AND
A WORKER
(REPRESENTED BY ESA CONSULTANTS)
DIVISION:
| Chairman: | Ms Connolly |
| Employer Member: | Mr Marie |
| Worker Member: | Ms Treacy |
SUBJECT:
Appeal of Adjudication Officer Decision No's: ADJ-00021181 (CA-00027865)
BACKGROUND:
On 3rd May 2024 the Adjudication Officer issued their Recommendation. The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 31st May 2024 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on 19th November 2024.
DECISION:
Before the Court can hear this complaint, it has to consider whether it has the jurisdiction to hear the case.
The Industrial Relations Act, 1946 defines a “Trade Dispute” in the following manner:
the expression “trade dispute” means any dispute or difference between employers and workers or between workers and workers connected with the employment or non-employment, or the terms of the employment, or with the conditions of employment, of any person and includes any such dispute or difference between employers and workers where the employment has ceased,
The Industrial Relations Act, 1990 defines the word “worker” in the following manner:
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…”
In response to questions from the Court, the parties acknowledged that there is no direct employment relationship between the parties.
The Court cannot act ultra vires its statutory powers. As it is accepted that the Worker in this case is not engaged in an employment relationship with the Respondent, the Court cannot assist the parties and must decide that the referral of the dispute under the Industrial Relations Act, 1969, is entirely misconceived.
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Signed on behalf of the Labour Court |
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Katie Connolly |
| CC | ______________________ |
| 10th December 2024 | Deputy Chairman |
NOTE
Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.