David Norris (Independent) | Oireachtas source

I move amendment No. 100:

In page 44, between lines 6 and 7, to insert the following:"(12) 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.".

The amendment addresses a situation where there is a misapplication of the law but not a misapplication, misunderstanding or misrepresentation of the facts in cases appearing before the Labour Court. In other words, it relates to cases in which the facts are established but the law is inappropriately administered. In such circumstances, time can be saved in the Labour Court by remitting a matter back to an adjudicating officer with an instruction simply to apply the law as determined by the Labour Court. This may mean that any subsequent appeal would only be on the issue of quantum, that is the amount of compensation involved. This could save costs to the State.