ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00002537

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00003150-001	11/03/2016

Date of Adjudication Hearing: 23/03/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

Location of Hearing: Room 4.05 Lansdowne House

Procedure:

In accordance Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

Summary of Complainant’s Case:

The Complainant was unfairly Dismissed arising from contested incidents on Social Media – Facebook in particular.

Summary of Respondent’s Case:

The Claim was resolutely denied. The Adjudication Officer has no proper jurisdiction to hear this case as it ahs already been litigated under Equality Legislation including an Appeal to the Labour Court.

In addition the Complainant sought to have the same case heard by the EAT but was declined by the EAT on the basis of Section 101 of the Equality Acts.

Findings and Conclusions:

I accept that I have, after the referral under Equality Legislation and pursuit of the claim to the Labour Court, no jurisdiction to now hear this case. At the brief hearing the Complainant did not put forward any arguments to suggest that his current claim (CA-00003150-001) was in any way materially different to his earlier claim.

Decision:

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Act	Complaint/Dispute Reference No.	Decision
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00003150-001	Claim dismissed for want of jurisdiction.

Dated: 16/06/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee