ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027391
Parties:
| Complainant | Respondent |
Parties | Niamh Keely | University of Limerick |
Representatives | Self-Represented | Muireann McEnery , IBEC |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00035083-007 | 06/03/2020 |
Date of Adjudication Hearing: 21/04/2021 and 14/10/2021
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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.
Background:
The Complainant filed her complaint with the Workplace Relations Commission on 6 March 2020 as against the Respondent.
The hearing was conducted remotely in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings. The Complainant and one witness, Ms Yvonne Delaney, from the Respondent swore an affirmation at the outset of the hearing. It is the Complainant’s compliant that as a part time employee who has been treated less favourably in respect of her conditions of employment been treated less favourably than a comparable full time employee pursuant to Section 16 of the Protection of Employees (Part Time Work) Act 2011. |
Summary of Complainant’s Case:
After hearing the Respondent’s submission, the Complainant agreed to withdraw this claim and have her complaint dealt with under ADJ-00028163. |
Summary of Respondent’s Case:
At the second hearing of this case , it was submitted by the Respondent that there was a duplicated claim initiated by the Complainant bearing ADJ-00028163. |
Findings and Conclusions:
This compliant was withdrawn and dealt with under ADJ-00028163 |
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.
On the basis the complaint was withdrawn, I find complaint is not well founded. |
Dated: 28th January 2022
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Protection of Part Time Employees – Penalisation – withdrawn. |