ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005956

Complaint for Resolution:

Date of Adjudication Hearing: 06/03/2017

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly

Procedure:

In accordance with Section 41(4) Section 25 of the Equal Status Act, 2000 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Preliminary Application:

The complainant lodged an identical claim in 2011. The decision issued in January, 2012. The complainant did not appeal that decision. He decided it would be better to re-lodge the claim with the WRC so that it could be heard again. Both parties agree with the facts as outlined.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.

Decision:

I find that this matter is Res Judicata and therefore I do not have jurisdiction to deal with it.

Dated:   05 July 2017