FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 29(1), SAFETY, HEALTH AND WELFARE AT WORK ACT, 2005 PARTIES : AN GARDA SIOCHANA - AND - MS MARIE O' REILLY DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision r-123927-hs-12/RG.
BACKGROUND:
2. The Worker appealed the Rights Commissioner's Decision to the Labour Court on 26th February, 2013 and a Labour Court hearing took place on 23rd May, 2013.
DETERMINATION:
This is an appeal by Ms Márie O’Reilly against the decision of a Rights Commissioner in her complaint of penalisation against the Commissioner of An Garda S�ochána. The complaint was made pursuant to the Safety Health and Welfare at Work Act 2005 (the Act).
Ms O’Reilly is referred to herein as the Claimant and the Commissioner of An Garda S�ochána is referred to as the Respondent.
The complaint relates to the initiation of disciplinary proceedings against the Claimant by the Respondent under the provision of Regulation 14 of An Garda S�ochána (Discipline) Regulations 2007. The Rights Commissioner found that the complaint was not well founded.
The Claimant contends that the initiation of the aforementioned proceedings arose as a reaction to a complaint that she made to the Respondent alleging bullying by a number of members of An Garda S�ochána and constitutes penalisation within the meaning of Section 27 of the Act.
The Claimant failed to advance any submissions or arguments directed at showing that the Rights Commissioner erred in her construction of either the facts of the case or the applicable law. In these circumstances the appeal cannot succeed.
Determination
For the reason set out above the Court affirms the decision of the Rights Commissioner and the Claimant’s appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
27th May, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.