ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00002630
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-00001139-001 | 27/11/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 |
CA-00001139-002 | 27/11/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00001139-003 | 27/11/2015 |
Date of Adjudication Hearing: 02/11/2016
Workplace Relations Commission Adjudication Officer: John Tierney
Location of Hearing: Room G.05 Lansdowne House
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] 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:
A preliminary point was raised on behalf of the Respondent advising the Hearing that there were a number of matters related to his case before the High Court awaiting. Therefore, it was argued that the claims in this case could not be properly before this WRC Hearing as there were matters to be dealt with before a superior court.The Hearing was adjourned for submissions to be made on this issue. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have considered the submissions of both parties. These submissions were made in detail and closely argued. Of these arguments, I find the cases of Henderson v Henderson (1843) 3 Hare 100 and Carrie v EAT & Bus Atha Cliath/Dublin Bus UD2008/07749 the most persuasive. They both deal with the duplicate of proceedings. I therefore find that the claims before this Hearing cannot be dealt with until the High Court has dealt with the maters before it. |
Dated: 25/05/2017
Workplace Relations Commission Adjudication Officer: John Tierney