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CD/25/50 |
RECOMMENDATION NO. LCR23236
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INDUSTRIAL RELATIONS ACTS 1946 TO 2015
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
BUSY KIDS CRECHE
(Represented by Desmond Ryan, B.L. Instructed by Clark Hill Solicitors LLP)
AND
A WORKER
DIVISION:
| Chairman: | Mr Haugh |
| Employer Member: | Mr O'Brien |
| Worker Member: | Mr Bell |
SUBJECT:
Appeal of Adjudication Officer Decision No's: ADJ-00053542 (CA-00065364-002, IR-SC-00002992)
BACKGROUND:
The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 5th February 2025 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
On 15th January 2025 the Adjudication Officer issued the following Recommendation.
“Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to this dispute. However, given the circumstances surrounding the delay in availing of the industrial relations mechanism on the part of the worker and the change in legal entity, it is not possible for me to make a recommendation in this instance’’
A Labour Court hearing took place on 4th March 2026.
RECOMMENDATION:
The Appeal
This is an appeal by Mr Anthony Pickford (‘the Worker’) from a recommendation of an Adjudication Officer (IR-SC-00002992, dated 15 January 2025) under the Industrial Relations Act 1969. Notice of Appeal was received in the Court on 21 January 2025. The Court heard the appeal in Limerick on 4 March 2026.
Brief Factual Background
The Worker was employed at Busy Kids Creche, Ennis Road Limerick between 19 September 2016 until his resignation on 14 September 2022. The Worker referred a dispute under the Act to the Workplace Relations Commission on 8 August 2024 along with complaints under the Unfair Dismissals Act 1977 and the Employment Equality Act 1998.
Discussion and Decision
The Court has considered and disposed of the Worker’s appeals to it under the Act of 1977 and the Act of 1998, respectively and finds that the substance of the within referral under the Industrial Relations Act 1969 is an attempt to relitigate the same issues that are the subject matter of the Worker’s statutory complaints. The Court, accordingly, dismisses the within appeal on that basis.
The Court so decides.
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Signed on behalf of the Labour Court |
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Alan Haugh |
| AR | ______________________ |
| 11/03/2026 | Deputy Chairman |
NOTE
Enquiries concerning this Recommendation should be in writing and addressed to Mr Aidan Ralph, Court Secretary.