ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033243
Parties:
| Complainant | Respondent |
Parties | Adrian Malone | Barry O'Connor Advanced Medical Parts Ltd |
| Complainant | Respondent |
Parties | Adrian Malone | Barry O’Connor Advanced Medical Parts Ltd |
Representatives | No show | Joe Bolger ESA Consultants |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00043980-001 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00043980-002 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00043980-003 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00043980-004 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 8 of the European Communities (Working Conditions of Mobile Workers engaged inInteroperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of | CA-00043980-005 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00043980-006 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00043980-007 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00043980-008 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012 | CA-00043980-009 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00043980-010 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00043980-011 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00043980-012 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00043980-013 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00043980-014 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 18A of the Organisation of Working Time Act, 1997 | CA-00043980-015 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00043980-016 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00043980-017 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00043980-018 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00043980-019 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00043980-020 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00043980-021 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00043980-026 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00043980-027 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004 | CA-00043980-028 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 86 of the Employment Equality Act, 1998 | CA-00043980-029 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00043980-030 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 24 of the National Minimum Wage Act, 2000 | CA-00043980-031 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00043980-032 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00043980-033 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00043980-034 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00043980-035 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00043980-036 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 62(2) of the Charities Act 2009 | CA-00043980-037 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Schedule 6 of the Consumer Protection Act, 2007 | CA-00043980-038 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 6(1) of the Prevention of Corruption (Amendment) Act 2010 | CA-00043980-039 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00043980-040 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00043980-041 | 07/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 | CA-00043980-042 | 07/05/2021 |
Date of Adjudication Hearing: 10/10/2022
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015 following the referral of the complaint(s)to me by the Director General, I inquired into these complaint(s) previously as determined in my decision
Background:
This complaint is brought against Mr Barry O’Connor CEO of the Respondent Company.
Mr. O’Connor is not the employer.
All of these Complaints were previously listed for hearing on the 18th of May 2022 and the Complainant failed to attend.
The Complainant has again failed to attend this hearing and the Respondent was present and ready to rebut the complaints.
These Complaints replicate substantially those Complaints already heard.
The Respondent has made an application for all these complaints to be dismissed as they are res judicata and are misconceived.
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Preliminary Matter
The Respondent made an application to strike out on the grounds of res judicata and the Complainant named the wrong party. The Respondent also wished to rely on the fact that the Complainant did not attend this hearing and was provided with an opportunity to be heard and failed to present their case.
The complaints were in all material ways already referred to me for investigation. A hearing for that purpose was held on the 18th of May 2022. There was no appearance by the complainant at the hearing. I was satisfied that the complainant was informed in writing of the date, time, and place of the hearing. In these circumstances and in the absence of any evidence to the contrary I concluded that the complaints were not well founded; the complainant was not discriminated against; the respondent did not engage in prohibited conduct and the complainant was not unfairly dismissed.
The Complaints now before me essentially repeat the same allegations; however, are brought against the CEO of the Company.
These complaints have been determined and on the grounds of res judicata I determine that they should be struck out and are also misconceived as Mr O’Connor is not the employer.
My initial decision is as follows:
“Adjudication Reference: ADJ-00033214
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Part VII of the Pensions Acts, 1990 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Part.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
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.
The complaints were referred to me for investigation. A hearing for that purpose was held on the 18th of May 2022. There was no appearance by the complainant at the hearing. I am satisfied that the complainant was informed in writing of the date, time and place of the hearing. In these circumstances and in the absence of any evidence to the contrary I conclude that the complaints are not well founded; the complainant was not discriminated against; the respondent did not engage in prohibited conduct and the complainant was not unfairly dismissed.
CA-00042541-001 complaint under section 24 of the National Minimum Wage Act, 2000, I determine that the complaint is not well founded as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-002 a complaint made under section 77 of the Employment Equality Act, 1998, I determine that the complainant was not discriminated against as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-003 a complaint made under section 8 of the Unfair Dismissals Act, 1977. I determine that the complainant was not unfairly dismissed. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-004 a complaint made under section 6 of the Payment of Wages Act, 1991. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-005 a complaint made under section 6 of the Payment of Wages Act, 1991 that appears to be a duplicate of the previous complaint. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-006 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-007 a complaint made under Regulation 8 of the European Communities (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations, 2009- SI No. 377. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-008 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-009 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-010 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-011 a complaint made under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006-S.I. No. 507 of 2012. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-012 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-013 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-014 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-015 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-016 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-017 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-018 a complaint made under section 7 of the Terms of Employment (Information) Act, 1994. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-019 a complaint made under regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012-S.I. No. 36/2012. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-020 a complaint made under regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012-S.I. No. 36/2012. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-021 a complaint made under section 8 of the Unfair Dismissals Act, 1977. I determine that the complainant was not unfairly dismissed. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-022 a complaint made under section 8 of the Unfair Dismissals Act, 1977. I determine that the complainant was not unfairly dismissed. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-027 a complaint made under section 77 of the Employment Equality Act, 1998, I determine that the complainant was not discriminated against as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-028 a complaint made under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provision) Act 2004. I determine that the complaint is not well founded as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-029 a complaint made under section 77 of the Employment Equality Act, 1998, I determine that the complainant was not discriminated against as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-030 a complaint made under section 21 of the Equal Status Act 2000, I determine that the respondent did not engage in prohibited conduct against the complainant as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded and the respondent did not engage in prohibited conduct.
CA-00042541-031 a complaint made under section 24 of the National Minimum Wage Act 2000, I determine that the complaint is not well founded as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-032 a complaint made under section 16 of the Protection of Employees (Part-Time Work) Act 2001, I determine that the complaint is not well founded as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-033 a complaint made under section 77 of the Employment Equality Act, 1998, I determine that the complainant was not discriminated against as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-034 a complaint made under section 77 of the Employment Equality Act, 1998, I determine that the complainant was not discriminated against as the complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-035 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-036 a complaint made under section 27 of the Organisation of Working Time Act, 1997. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-037 a complaint made under section 62(2) of the Charities Act 2009. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-038 a complaint made under schedule 6 of the Consumer Protection Act, 2007. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-039 a complaint made under section 6(1) of the Prevention of Corruption(Amendment ) Act 2010. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-040 a complaint made under section 12 of the Minimum Notice and Terms of Employment Act, 1973. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-041 a complaint made under section 12 of the Minimum Notice and Terms of Employment Act, 1973. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
CA-00042541-042 a complaint made under section 16 of the Protection of Employees (Part-Time Work) Act, 2001. I determine that the complaint is not well founded. The complainant failed to attend the hearing to present his case and the respondent rebuts the complaint and was ready to present their rebuttal. In these circumstances the complaint is not well founded.
Dated: 22nd June 2020
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show”
Summary of Complainant’s Case:
See preliminary matter |
Summary of Respondent’s Case:
See preliminary matter |
Findings and Conclusions:
The complaints are res judicata and misconceived -see preliminary matter |
Decision:
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 CA-00043980-001-I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00043980-002-I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00043980-003-I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00043980-004- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Regulation 8 of the European Communities (Working Conditions of Mobile Workers engaged interoperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of- CA-00043980-005- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00043980-006- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00043980-007- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00043980-008- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012 CA-00043980-009- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00043980-010- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997. CA-00043980-011- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00043980-012- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00043980-013- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00043980-014- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Section 18A of the Organisation of Working Time Act, 1997 CA-00043980-015- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00043980-016- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 CA-00043980-017- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 CA-00043980-018- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 CA-00043980-019- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 CA-00043980-020- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 CA-00043980-021- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 CA-00043980-026- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 CA-00043980-027- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004 CA-00043980-028- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 86 of the Employment Equality Act, 1998 CA-00043980-029- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 CA-00043980-030- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Section 24 of the National Minimum Wage Act, 2000 CA-00043980-031- I dismiss this complaint as it is misconceived and has been determined previously Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 CA-00043980-032- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 CA-00043980-033- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00043980-034- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997. CA-00043980-035- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00043980-036- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Section 62(2) of the Charities Act 2009 CA-00043980-037- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Schedule 6 of the Consumer Protection Act, 2007 CA-00043980-038- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Section 6(1) of the Prevention of Corruption (Amendment) Act 2010 CA-00043980-039- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 CA-00043980-040- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 CA-00043980-041- I dismiss this complaint as it is misconceived and has been determined previously. Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001 CA-00043980-042- I dismiss this complaint as it is misconceived and has been determined previously. These complaints are brought against the wrong party and are therefore misconceived. They are also res judicata as all have been heard previously when the named respondent was Advanced Medical Parts Ltd and would amount to a breach of the rule in Henderson v Henderson – I note that the Labour Court in the decision of A School v A Worker EDA 122 where it held that an employee cannot “rely on the same facts to obtain redress under more than one head of liability.” In any case the Complainant failed to attend this hearing and, in those circumstances, when I am satisfied that he has been notified of the hearing I dismiss all complaints as detailed.
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Dated: 11th November 2022
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show- Res Judicata-Misconceived. |