FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS 1946 TO 2015 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES: AFM FACILITIES LIMITED (REPRESENTED BY O'SHEA BARRY SOLICITORS LLP) - AND - A WORKER (REPRESENTED BY MARIUS MAROSAN) DIVISION:
SUBJECT: Complaint Under Section 20(1) of The Industrial Relations Act 1996. RECOMMENDATION: The Court has given very careful consideration to the written submissions of the parties. The Court decided at its hearing that the written submissions of the parties should be taken as read and invited the parties to orally outline how they might see a resolution to the dispute before the Court being achieved on a voluntary basis. The referral to the Court has been made under Section 20(1) of the Industrial Relations Act, 1969 (the Act). Consequently, no matter of law arises for consideration by the Court. That legislative provision requires the Court to make a recommendation having regard to the merits of the trade dispute between the parties and to give its opinion as to the terms upon which it should be resolved. Neither party is under a legal obligation to accept the opinion of the Court in relation to the matter, albeit the worker has undertaken, in an industrial relations sense, to accept the opinion of the Court. The Court has noted that the employment relationship has terminated and that the parties are, separately to the within referral under the Act, before the Adjudication Service of the Workplace Relations Commission under the Unfair Dismissals Act, 1977 (the Act of 1977) with regard to that termination. The Court, having regard to all of the circumstances, recommends that the parties recognise that no practical contribution to the resolution of issues between the parties can be made by any Recommendation made on foot of the referral under Section 20(1) of the Act; and that the more pragmatic analysis would be to the effect that any differences existing between the parties will be concluded as a result of the procedures which have been engaged under the Act of 1977. The parties should therefore accept that their trade dispute under the Industrial Relations Acts is resolved. The Court so recommends.
NOTE Enquiries concerning this Recommendation should be addressed to Coleen Dunne Kennedy, Court Secretary. |