ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007938
Parties:
| Complainant | Respondent |
Anonymised Parties | Home Support Worker | Health Service Provider |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 86 of the Employment Equality Act 1998 | CA-00010582-001 | 1st April 2017 |
Date of Adjudication Hearing: 7th November 2017
Workplace Relations Commission Adjudication Officer: Seán Reilly
Procedure:
In accordance with Section 41 of the Workplace Relations Act 2015, Section 79 of the Employment Equality Act 1998 andfollowing the referral of the complaint to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant had referred a complaint that the Respondent was in breach of her rights under Section 86 of the Employment Equality Act 1998. Section 86 of the 1998 Act deals with complaints in relation to collective agreements.
In discussion at the Hearing the Complainant agreed and confirmed that the matters of which she complained were not at all relevant to Section 86 of the Employment Equality Act 1998 or any section of the Employment Equality Act 1998. The Complainant stated that she accepted that she had referred her complaint under the wrong legislation and that her complaints could not be dealt with or heard under the Employment Equality Act 1998.
Findings and Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 79 of the Employment Equality Acts 1998, requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Section 82 of the Act.
The Complainant confirmed at the Hearing that her complaints were not at all relevant to any matter under the Employment Equality Act 1998 and she fully accepted that her complaints could not be dealt with under that Act. Accordingly, I must find, declare and decide that I cannot entertain the complaints under the Employment Equality Act 1998 and that I must find, declare and decide in accordance with the provisions of Section 79(60 of the Employment Equality Act 1998 that the complaints are not well founded, that they are rejected and are not upheld.
Dated:16th January 2018
Workplace Relations Commission Adjudication Officer: Seán Reilly
Key Words: An Employment Agreement contains a provisions that is discriminatory