FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES : HEALTH SERVICE EXECUTIVE - AND - MARESE SKEHAN DIVISION : Chairman: Ms O'Donnell Employer Member: Ms Connolly Worker Member: Mr Hall |
1. An appeal of an Adjudication Officer's Decision no. ADJ-00016354.
BACKGROUND:
2. The Claimant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 8(1) of the Terms of Employment (Information) Act 1994. A Labour Court hearing took place on 19 February 2019. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Marese Skehan against Adjudication Officer’s Decision ADJ-00016354 given under the Terms of Employment (information) Acts, 1994 to 2012(the Acts). The Adjudication Officer found that the claim was not well founded.
Complainant’s position
It is the Complainant’s position that her new work location is not suitable at all and does not meet the terms and conditions that were in place prior to the move. The Complainant in her submission to the Court advised that she had not read the Act nor could not identify any specific breaches of the Act in her submission or in her oral submission to the Court on the day.
Respondent’s position
It is the position of the Respondent that the Complainant’s complaint does not fall within the scope of the Acts.
Discussion
It is clear to the Court based on the submission made by the Complainant on the day that his complaint does not fall within the scope of the Acts.
The Decision of the Adjudication Officer is upheld, and the complaint fails.
The Court so decides.
Signed on behalf of the Labour Court
Louise O'Donnell
CR______________________
19 March, 2019Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.