ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00000305
Parties:
| Complainant | Respondent |
Anonymised Parties | An Accounts Administrator | A University |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Schedule 2 of the Protected Disclosures Act, 2014 | CA-00000423-001 | 23/10/2015 |
Date of Adjudication Hearing: 26/04/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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:
The Complainant is employed as an Accounts Administrator with the Respondent. On October 10th 2015 the Complainant lodged the following complaint with the WRC under the Protected Disclosures Act 2014 “I would like to make a complaint under the protected disclosures act 2014 in relation to a disclosure I made to my employer in December 2014. This disclosure contained details about the endangerment of my health and safety. In June 2015 I was suspended in relation to this. I also feel that there has been a miscarriage of justice in this process”. The WRC scheduled Hearings on the following dates for the complaint to be heard. 25th August 2016 9th November 2016 1st February 2017 and 26th April 2017. In the first three instances the Complainant successfully applied in advance of the Hearings to the WRC Office for an adjournment. The Complainant was notified of the April 26th 2017 Hearing on March 20th 2017. She applied for an adjournment to the WRC office for that Hearing on April 21st 2017 on the basis she was attending an education course on the day of the Hearing and had previously requested the WRC not to schedule a Hearing for a Wednesday. This adjournment request was refused by the WRC on the basis that the reasons were neither exceptional circumstances or substantial reasons to approve an adjournment. On the day of the Hearing the Complainant was not present (the Respondent and their legal team were) and a colleague of the Complainant advised the Adjudicator, prior to the commencement of the Complainants Hearing, that the Complainant was attending an education course that day, would not be attending the Hearing and sought an adjournment of the Hearing for the Complainant. The Adjudicator informed the Complainants colleague that the case had not commenced and the request for an adjournment could only be dealt with once the Complainants case actually commenced. The information supplied to the Adjudicator was the same information that had previously been supplied by the Complainant to the WRC when the Complainant sought the postponement of the April 26th 2017 Hearing. Due to personal circumstances the colleague of the Complainant was not present when the Hearing commenced. |
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.
As the Complainant had received adequate notice of the Hearing and her request for an adjournment of the Hearing had been refused by the WRC in advance of the Hearing I declare that the Complainants case is not well founded on the basis that the Complainant was not present to present her case and her reasons, however supplied, that she was attending a once a week part time education course were in no way exceptional circumstances or substantial reasons for the Adjudicator to approve an Adjournment request, given the serious nature of her claim, the number of prior adjournments, the lack of a serious justifiable reason for the Complainants non attendance and ensuring fair procedure as the Respondent and their full legal team were present at the Hearing.
Dated: 30 May 2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Penalisation |