INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
CHRIST KING GIRLS SECONDARY SCHOOL
- AND -
(REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION)
Chairman: Mr Hayes
Employer Member: Ms Cryan
Worker Member: Ms Tanham
1. Service claim.
2. This dispute arose from the manner in which Labour Court Decision AD1252 was applied to the Worker. The Worker referred this case to the Labour Court on 3rd May, 2013, 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 31st October, 2013.
3. 1. The Employer wrongly refused the Worker the right to return to work.
2. The Employer's actions caused her a significant loss of earnings.
3.The Worker's final pensionable salary will also be reduced by the Employer's actions.
4. 1. This matter has already been investigated by a Rights Commissioner.
2. The Labour Court then heard an appeal of the Rights Commissioner's Recommendation and issued its Decision.
- 3. The Labour Court is now precluded from hearing this case again.
Having considered the submissions of both parties the Court finds that it does not have jurisdiction to hear this dispute as the substantive issue has been decided by the Court under Section 13(9) of the Act.
The Court so decides.
Signed on behalf of the Labour Court
13th November, 2013______________________
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.