ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008660
Parties:
| Complainant | Respondent |
Anonymised Parties | A Security Officer | A Security Company |
Representatives | Self-represented | Respondent Managing Director |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010013-001 | 02/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00010013-002 | 02/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00010013-003 | 02/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00010013-004 | 02/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00010013-005 | 02/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010013-006 | 02/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00011301-001 | 13/05/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00011301-002 | 13/05/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00011301-003 | 13/05/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00011301-004 | 13/05/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00011301-005 | 13/05/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00011301-006 | 13/05/2017 |
Date of Adjudication Hearing: 05/10/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 , Section 27 of the Organisation of Working Time Act, 1997, Section 7 of the Terms of Employment (Information) Act, 1994, Section 45A of the Industrial Relations Act, 1946 and Section 6 of the Payment of Wages Act, 1991 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).
In view of the large number of individual complaints in this Adjudication a tabular format has been adopted.
At the Oral Hearing, it became clear that many of the Complaints referenced above had already been Adjudicated upon by the Adjudication Service, had been covered by a Labour Inspectorate Investigation and or a Labour Court hearing.
In considerable oral discussions between the parties and the Adjudication Officer the Complainant expressed considerable dissatisfaction with the outcome of the Adj 6156, the Labour Inspectorate Report and the Labour Court Recommendation/ Decision DWT 1579.
It was explained that there were avenues to Appeal all of these matters but simply re running the claims at AO level was not appropriate.
After further discussion, the Complainant decided to seek further advice regarding making Appeals. and not proceed with the Hearing as set out.
As an aid, I have set out the Complaints and what was understood to be their status at the day of the Oral Hearing.
Status of Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010013-001 | Withdrawn at Hearing /Settled |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00010013-002 | Disposed of by Labour Inspectorate Report and Adj 6156 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00010013-003 | Disposed of By Labour Inspectorate Report and Adj 6156 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00010013-004 | Already decided in Adj 6156 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00010013-005 | Withdrawn at hearing Settled. |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010013-006 | Already decided upon in Adj 6156 and LC Rec DWT 1579 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00011301-001 | Duplicate of CA- 00010013 -001 Settled |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00011301-002 | Already Disposed of in Adj 6156, The Labour Inspection Report and LC Rec 1579 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00011301-003 | Already decided in Adj 6156 / Labour Inspectorate Report |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00011301-004 | Decided in L C Rec DWT 1579 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00011301-005 | Decided on in LC DWT 1579 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00011301-006 | Disposed of by Labour Inspectorate report |
1: Summary of Complainant’s Submissions
The Complainant offered no new materials or evidence save what had been adduced at the earlier Hearings referred to above.
The essence of his Complaint was one of most grievous dissatisfaction with the outcomes of and the manner of handling of the earlier claims.
In essence he felt that a complete rerunning of all the claims was warranted.
2: Summary of Respondent’s Case:
The Respondent maintained, supported by considerable documentary evidence, previous Adj and Labour Court decisions and a Labour Inspectorate report that this case was effectively now, in my words, res judicata. |
3: Findings and Conclusions:
Following extensive discussions and review of the evidence presented I came to the view that the case was in effect res judicata with all the major elements already disposed of by local settlement of minor wage/holiday issues, Labour Court decisions, Adjudication Service Decisions and the Labour Inspectorate report. Accordingly, as a complete rehearing of all the claims would not be appropriate they had to be dismissed in their entirety. |
4: Decision:
Section 41 of the Workplace Relations Act 2015, Section 27 of the Organisation of Working Time Act, 1997, Section 7 of the Terms of Employment (Information) Act, 1994, Section 45A of the Industrial Relations Act, 1946 and Section 6 of the Payment of Wages Act, 1991 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
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Dated: 18/12/17
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words: