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LCR22904

FULL DECISION

CD/23/137
DECISION  NO.  LCR22904

INDUSTRIAL RELATIONS ACTS 1946 TO 2015
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969


PARTIES:
HSE

AND

A WORKER
(REPRESENTED BY IRISH NURSES & MIDWIVES
ORGANISATION)


DIVISION:

Chairman: Mr Foley
Employer Member: Mr O'Brien
Worker Member: Ms Tanham



SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00037358 (CA-00048747).


BACKGROUND:

The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 5 May 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 5 April 2023 the Adjudication Officer issued the following Recommendation: “Recommendation:

The terms of the pre-retirement initiative between the period 15th October 2018 - 5th January 2022 are to be applied to the complainant and her pension entitlement and lump sum are to be adjusted accordingly.’’

A Labour Court hearing took place on 16 January 2024.






DECISION:

This matter comes before the Court as an appeal by the HSE (the Appellant) of an Adjudication Officer’s decision given under the Industrial Relations Act, 1969 (the Act) following a referral by the worker.

It is common case that the Court is effectively being requested to interpret a circular or circulars governing pension entitlements of workers and that those circulars have national application.

The Act at Section 13 makes provision as follows:

13.(2) Subject to the provisions of this section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to a rights commissioner.

Ther can be no doubt that a decision of the Court as regards the interpretation of the national circulars at issue in the trade dispute between the parties is connected with the rates of pay of a body of workers.

The Court has considered carefully the oral submissions of the parties on this point and has concluded that, having regard to the Act at Section 13, it does not have jurisdiction under the Act to make a decision in the within appeal.

The Court so decides.

Signed on behalf of the Labour Court
Kevin Foley
TH ______________________
23 January 2024 Chairman


NOTE

Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary.