Complainant

Respondent

Parties

Martin  Melvin

Department of Justice

Representatives

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00035247-001

16/03/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00035248-001

16/03/2020

This complaint was received by the Workplace Relations Commission on 16th March 2020.

As per the Workplace Relations Commission complaint form the Complainant has stated his complaint exactly as follows:

 I was asked to call a bomb scare into the George to assist in taking down a hack on the Garda Database PULSE. PULSE being a vital national security asset at the time was very important to State security and it flowed naturally that I would be paid for the bomb scare. I haven't been paid or engaged with by the Gardai despite numerous requests to get the matter resolved. They have treated me horrendously and I am sickened by their behaviour. I have sent in the region of 70 letters trying to get these issues resolved. The Gardai have pretty much just ignored me. It seems that the Gardai are predictably trying to prevent charges being brought against each

other. This has been going on for the last 10 + years. The Gardai need to clarify their relationship with me in a formal setting. I have not been told if I am a Garda agent so that needs clarifying.

As I understand it at present, the bomb scare may have been run by the Taoiseach’s Office but the Gardai are being referred to in all my correspondence with the Taoiseach’s Office, so I am directed to them. This can be checked with Mary Timmons in the Taoiseach’s Office who has referred all my communications to the Taoiseach’s Office to the Department of Justice.

My life has been destroyed by working for the State. They have abused me tortured me and murdered me. I feel certain that I will die younger because of what has been done to me. The Department of Justice has been given written notice that I intend to the take the case to the WRC and has refused to engage with me on the terms of compensation for what I was put though and the damage it did to my health and wellbeing.

Also, the terms above state that I was due to be paid 100K euro for the bomb scare. That is nowhere near enough for the damage done to me. I have put that figure in as I received a message that, that is what I would be paid before the bomb scare. I wouldn’t have called the bomb scare in unless a large figure of money was offered.

As the Adjudication Officer delegated by the Director General of the Workplace Relations to investigate the above referenced complaint submitted to the Workplace Relations Commission on 16th March 2020 I have carefully read the complaint and any associated paperwork.

My findings and conclusions are as follows:

Section 42 of the Workplace Relations Act, 2015 reads as follows:

 (1) An adjudication officer may, at any time, dismiss a complaint or dispute referred to him or her under section 41 if he or she is of the opinion that is frivolous or vexatious.

(2) (a) A person whose complaint or dispute is dismissed in accordance with this section may, not later than 42 days from its dismissal, appeal the dismissal to the Labour Court.

(2) (b) A person shall, when bringing an appeal under this subsection, give notice to the Commission in writing of the bringing of the appeal.

(2) (c) A notice referred to in paragraph (b) shall specify the grounds upon which the appeal is brought.

(3) Upon the hearing of an appeal under this section, the Labour Court may –

(a) affirm the decision of the adjudication officer dismissing the complaint or dispute concerned, or

(b) annul the decision and refer the complaint or dispute to the Director General.

I believe that the complaint as presented has no reasonable chance of succeeding and therefore may be deemed frivolous. Similarly, it places a hardship on the Respondent to take steps to defend something which cannot succeed and therefore may be deemed as vexatious.

Pursuant to section 42 of the Workplace Relations Act, 2015 I find the complaint to be both frivolous and vexatious and dismiss the complaint in its entirety.

Pursuant to section 42 of the Workplace Relations Act, 2015 I find the complaint to be both frivolous and vexatious and dismiss the complaint in its entirety.