INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
Section 13(9), Industrial Relations Act, 1969
INDUSTRIAL RELATIONS ACTS, 1946 TO 2015
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
ADELAIDE & MEATH HOSPITAL INCORPORATING THE NATIONAL CHILDREN'S HOSPITAL
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY IRISH MEDICAL ORGANISATION)
Chairman: Mr Haugh
Employer Member: Mr Murphy
Worker Member: Mr Shanahan
1. Appeal of Rights Commissioner's Recommendation r-134211-ir-13/EH
2. This dispute concerns the Worker's claim that the Employer has failed to apply the correct rate of pay which resulted in a significant reduction in the rate of pay. This dispute was referred to the Rights Commissioner for investigation and recommendation. On the 28th September, 2015, the Rights Commissioner issued the following Recommendation:-
"I recommend that I do not have jurisdiction to deal with this claim and that it should be dealt under the collective bargaining process already in place"
On the 13 October, 2015, the Employee appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 27 November, 2015.
The Court has no jurisdiction under section 13(9)(a) of the Industrial Relations Act 1969 to hear the within appeal in circumstances where the Rights Commissioner declined jurisdiction at first instance.
The Court so decides.
Signed on behalf of the Labour Court
7 December 2015______________________
Enquiries concerning this Recommendation should be addressed to Helen Tobin, Court Secretary.