FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KD ROOFING LTD - AND - HARIS BARTKEVICIUS DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Enforcement of a Rights Commissioner’s Recommendation.
BACKGROUND:
2. This case concerns a claim by a Worker of wrongful dismissal.
- On the 8th November 2012 the Worker referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
A Labour Court hearing took place on the 27th February 2013.
RECOMMENDATION:
The Worker in this case referred a complaint of wrongful dismissal to the Rights Commissioner under the provisions of the Industrial Relations Act 1969 ("the Act"). The Employer entered no defence to the complaint.
Based on the uncontested evidence of the Complainant the Rights Commissioner upheld the complaint and recommended that the Employer pay compensation in the amount of €10,000 to the Worker concerned in full and final settlement of the dispute.
Section 13(9) of the Act provides that a party to a dispute may appeal to the Labour Court against the recommendation of a Rights Commissioner. The Employer did not appeal against the recommendation within the statutory time limit set out in the Act.
The Worker referred the dispute to the Labour Court under Section 20(1) of the Act.
Section 20(1) of the Act provides
20.—(1) Where the workers concerned in a trade dispute or their trade union or trade unions request or requests the Court to investigate the dispute and undertake or undertakes before the investigation to accept the recommendation of the Court under section 68 of the Principal Act in relation thereto then, notwithstanding anything contained in the Principal Act or in this Act, the Court shall investigate the dispute and shall make a recommendation under the said section 68 in relation thereto.
However Section 13(10) of the Act provides
13(10) The Court shall not investigate (except by way of appeal to it under subsection (9) of this section) a trade dispute in relation to which a Rights Commissioner has made a Recommendation.
As a Rights Commissioner has made a Recommendation in relation to the trade dispute, the Court does not have jurisdiction to investigate the matter other than by way of an appeal under Section 13(9) of the Act.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
CR______________________
8th April, 2013.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.