ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024694
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Cash Collector} | {A Company} |
Representatives |
| Deborah Delahunt Arthur Cox Solicitors |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Part 3 Section 20 of (European Cooperate Society)(Employee Involvement) Regulations 2007 | CA-00031400-001 | 07/10/2019 |
Date of Adjudication Hearing: 19/02/2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Part 3 Section 20 of the (European Cooperate Society) (Employee Involvement) Regulations 2007, and S41 of the Workplace Relations Act, 2015 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.
Background:
The Complainant was employed with the Respondent from 5th November 2018 until 18th September 2019. |
Summary of Complainant’s Case:
The Complainant says he has been penalised by his employer for performing his functions in accordance with the European Communities (European Cooperate Society) (Employee Involvement) Regulations 2007. His employer has put him on a Performance Improvement Plan and he does not know why. He is compliant with company policies and has done nothing wrong. |
Summary of Respondent’s Case:
The Respondent objects to the investigation of this complaint as it says the complaint has already been heard before an Adjudication Officer on 8th October 2019 ref CA-00030393-001 and a determination has issued. The Adjudication Officer found the Complainant did not have the locus standi to bring a complaint pursuant to S20 of the 2007 Regulations as the Respondent is not a cooperative society. |
Findings and Conclusions:
I do not have jurisdiction to hear this complaint. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I do not have jurisdiction to hear this complaint. |
Dated: 11th August 2021
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Jurisdiction, res judicata |