FULL RECOMMENDATION
SECTION 12 (2), PROTECTED DISCLOSURES ACT, 2014 PARTIES : KERRY PARENTS AND FRIENDS ASSOCIATION (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - KATHLEEN O' CONNOR FLEMING DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Mr Shanahan |
1. An appeal of an Adjudication Officer's Decision No: ADJ-00002320.
BACKGROUND:
2. The Employer appealed the Adjudication Officer's Decision to the Labour Court on 15 August 2017. A Labour Court hearing took place on 9 November 2017.
The following is the Decision of the Court:-
DETERMINATION:
This is an appeal brought by Ms Kathleen O’Connor Fleming (‘the Complainant’) against a decision of an Adjudication Officer Decision No Adj-00002320 CA-00003186-005, dated 5th July 2017, in respect of a complaint of penalisation contrary to the Protected Disclosures Act 2014 (‘the Act’). The Complainant was employed by Kerry Parents & Friends Association (‘the Respondent’) from June 2002, latterly as a Training Coordinator, until her dismissal on 17th September 2015.
The Adjudication Officer found that the alleged protected disclosure made by the Complainant did not meet the test laid down by section 5 of the Act and accordingly did not uphold her complaint.
The Complainant referred her complaint under the Act to the Workplace Relations Commission on 14th March 2016, alleging penalisation in the period from November 2013 until October 2014. The Respondent submitted that there were no alleged acts of penalisation within the cognisable period covered by the claim and in any event, it submitted that the Complainant had not made a “protected disclosure” within the meaning of the Act.
Having regard to section 41(6) of the Workplace Relations Act 2015, the six-month time-limit within which the complaint in respect of the alleged penalisation can be made is the six-month period from 15thSeptember 2015 until 14th March 2016. As the Complainant was not in employment from the period 27th April 2015, until her dismissal on 17thSeptember 2015 and as the Complainant confirmed for the Court that the alleged acts of penalisation did not relate to that six-month period therefore, the Court finds that the Complainant’s alleged penalisation complaint is out of time. On that basis, the Court has not proceeded to consider the question of whether or not the alleged “protected disclosure” constituted a protected act within the meaning of section 5 of the Act.
Accordingly, the Court dismissed the Complainant’s appeal and upholds the Adjudication Officer’s Decision, albeit for a different reason.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
30 November, 2017Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.