ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00006128
Parties:
| Complainant | Respondent |
Anonymised Parties | A Citizen | A Government Department |
Representatives | Self represented. | L. Tennyson BL instructed by G Hodge , Chief State Solicitor's Office |
Complaint(s):
|
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 |
CA-00008214-001 | 17/11/2016 |
Date of Adjudication Hearing: 20/09/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000, 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:
This case Adj 6128 is similar in all almost aspects, parties and Complainant , to a case already decided – Adj -00005992. Accordingly the principle of Res Judicata has to apply. |
1: Summary of Complainant’s Case:
The Complainant alleged that he was discriminated against on the Religious Ground by an Agency subcontracted by the principal Government Department in this case. |
2: Summary of Respondent’s Case:
The principal Respondent rejected this complaint in its entirety. It was pointed out the matter had been the subject of an earlier Adjudication Adj -00005992. |
3: Findings and Conclusions:
Having studied Adj -00005992 I came to the conclusion that the matters raised in this case were as similar as to be, for all practical purposes, identical. The Complainant was not able to establish a sufficient space – “clear water” so to speak between the cases as to warrant a new referral. The principle of Res Judicata has to apply. It was unclear at the oral hearing as to whether or not the Complainant was appealing /had appealed Adj-00005992. As Adj -00005992 found against the claimant I follow suit in this case. The claim is dismissed. |
4: Decision:
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
|
Act | Complaint/Dispute Reference No. | Formal Decision / refer to Section 3 for detailed reasoning. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 |
CA-00008214-001 | Claim is dismissed. Matters already decided upon in Adj -00005992. |
Dated: 21st November 2017
Workplace Relations Commission Adjudication Officer: Michael McEntee