FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 29(1), SAFETY, HEALTH AND WELFARE AT WORK ACT, 2005 PARTIES : KILDARE WEST WICKLOW COMMUNITY ADDICTION SERVICES LTD T/A ARAS - AND - DERMOT ROGAN DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. An appeal against a Rights Commissioner's Decision no: r-151338-hs-14/RG.
BACKGROUND:
2. The Worker appealed the Rights Commissioner's Decision to the Labour Court on 2nd July 2015 and a Labour Court hearing took place on 7th October 2015.
- The following is the Decision of the Court.
DETERMINATION:
This is an appeal by Mr. Dermot Rogan against the Decision of a Rights Commissioner in a complaint of penalisation made against Kildare West Wicklow Community Addiction Services Ltd t/a ARAS. The complaint was made pursuant to Section 27 of the Safety Health and Welfare at Work Act 2005 (hereafter referred to as the Act).
For ease of reference in this Determination the parties are referred to as they were at first instance. Hence, Mr. Dermot Rogan will be referred to as “the Complainant” and Kildare West Wicklow Community Addiction Services Ltd t/a ARAS will be referred to as “the Respondent”.
The Rights Commissioner held that she did not have jurisdiction to embark upon an investigation of the complaint submitted because the complainant lackedlocus standito maintain the proceedings, as the Complainant was not an employee of the Respondent.
The Court received correspondence dated 4thAugust 2015 from the Respondent indicating that Mr Rogan was not an employee of its organisation. Furthermore, it informed the Court said that a similar case had been taken against ‘County Kildare Leader Partnership’ who accepted that they were his employer.
The Complainant informed the Court that the case he had taken to the Rights Commissioner against County Kildare Leader Partnership was also under the Act and was based on the same set of facts. He said that a hearing had taken place and a Decision was issued. The Rights Commissioner held that the Complainant’s complaint was not well-founded. No appeal of that Decision was made by the Complainant. At the hearing before the Court the Complainant accepted that County Kildare Leader Partnership were his employer however, he stated that wished to pursue a separate case against the Respondent.
Having considered the submission made by the Complainant the Court concurs with the findings of the Rights Commissioner that the Complainant lackslocus standito maintain the proceedings and therefore upholds her Decision. The appeal is disallowed and the decision of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
3rd November, 2015Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.