SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
- AND -
(REPRESENTED BY BLAZEJ NOWAK)
Chairman: Ms Jenkinson
Employer Member: Ms Connolly
Worker Member: Mr Hall
1. Appeal Of Adjudication Officer Decision No: ADJ-00003839 CA-00005073-009
2. The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 22 May 2017 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
On 11 April 2017 the Adjudication Officer issued the following Recommendation:-
- "In accordance with Section 13 of the Industrial Relations Act, 1969 I declare the Complainant was afforded all fair procedures and natural justice in relation to both the Disciplinary and Appeal Hearings and in line with the agreed Disciplinary Procedures of the Company and in accordance with S.I. 146/2000.
I declare the complaint is not well founded ”.
A Labour Court hearing took place on 12 December 2019.
This is an appeal by an employee against the Recommendation of an Adjudication Officer Adj-00003839 CA-00005073-009 in her claim against her employer under the Industrial Relations Act, 1969. The Adjudication Officer held that the Appellant was afforded all fair procedures and natural justice in accordance with the Company’s Disciplinary Procedures and in accordance with the Code of Practice on Grievance and Disciplinary Procedures S.I. No 146 0f 2000 and dismissed her claim.
The Appellant referred her claim to the Workplace Relations Commission on 16thJune 2016. A substantial number of other claims under various employment rights statutes were also referred to the Workplace Relations Commission on various dates in 2016. The Adjudication Officer issued her Recommendation on the claim made under the Industrial Relations Act, 1969 on 11th April 2017. The Appellant appealed the Recommendation to the Court under Section 13(9) of the 1969 Act on 22ndMay 2017. She also appealed the Decisions made under the various employment rights statues referred to above.
Pursuant to its powers under section 48 of the Workplace Relations Act, 2015 and having regard to the appropriate employment rights statutes, the Appellant’s appeals under those Acts were struck out by the Court as the Court was satisfied that the Appellant had not pursued the appeals within the period of one year immediately preceding the Court’s decision to strike out the cases.
Appeal under the Industrial Relations Act
Having initiated the appeal against the Recommendation of the Adjudication Officer, neither the Appellant not her representative submitted a written submission to the Court, they failed to attend the hearing to prosecute the appeal and failed to contact the Court with any explanation for their absence.
Accordingly, the Court decides that the appeal is dismissed and the Recommendation of the Adjudication Officer is affirmed. The Appellant’s appeal fails.
The Court so Decides.
Signed on behalf of the Labour Court
17 December 2019Deputy Chairman
Enquiries concerning this Decision should be addressed to Mary Kehoe, Court Secretary.