Mick Wallace (Wexford, Independent) | Oireachtas source

I move amendment No. 46:

In page 44, between lines 11 and 12, to insert the following:"(14) The Labour Court may remit a case to a different adjudication officer on such terms as the Labour Court shall determine to include directing an adjudicating officer to rehear the case applying the law to the facts as determined by the Labour Court.".

There are cases which appear before the Labour Court where there is a misapplication of the law but not a misapplication of the facts. In such circumstances, time can be saved in the Labour Court by remitting a matter back to an adjudication officer to apply the law as determined by the Labour Court to those facts. This may mean that any subsequent appeal will only run on the issue of quantum. This may well save on costs to the State.

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