ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00011410

Complaint(s):

Date of Adjudication Hearing: 06/06/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act and Section 25 of the Equal Status Act, 2000, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint

Preliminary Issues:

The respondent has raised the following Preliminary Issues:

(A) Common Law Judicial Immunity of a Statutory Tribunal.

(B) Notification not provided within the required 2 months.

(C) Abuse of process.

Preliminary Issue (A): Common Law Judicial Immunity of a Statutory Tribunal.

The respondent submitted that as a statutory body exercising statutory adjudicative duties in the public interest and therefore, provided it was acting bona fida within its jurisdiction, the respondent enjoys an immunity from suit in relation to the exercise of its adjudicative duties.

The respondent further submitted that, if it were the Claimant’s case that the Respondent had acted in an improper manner, (mala fide), it is respectfully submitted that the W.R.C would not have the statutory power to make such a finding as same is the prerogative of the superior courts.

The above 2 points raise the questions of immunity and jurisdiction.

Jurisdiction / Immunity: Having examined the evidence as presented I have made the following findings.

Findings.

In the statement made by the claimant on his complaint form, the claimant alleges that, "Adjudicator's decision was clearly partial in favour of an Irish citizen", and " Despite this, according to regulations and laws, the Tribunal had three different ways to order the return of my deposit, but, once again, they preferred to protect an Irish citizen".

The claimant bases his allegation of discrimination on the fact he is not Irish, however the respondent is a Statutory body that carries out adjudicative duties and as such does receive the benefit of immunity in relation to the exercise of its adjudicative duties as established in Common Law and supported in the decision Beatty v The Rent Tribunal [2006]2IR 191.

Furthermore, the issue of jurisdiction. The W.R.C is a statutory body with limited jurisdiction and as such would not have the power to make any finding in relation to the compliant, that decision is supported in Olumide Smith v Labour Relations Commission, now W.R.C[DEC-s2015-012]. The W.R.C does not have jurisdiction to hear such complaints. Oversight of statutory bodies is administered by Superior Courts by way of judicial review or appeals.

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.

I have no jurisdiction to hear the complaint.

Dated:   27th July 2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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