ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035462
Parties:
| Complainant | Respondent |
Parties | Seamus Hayes | Leinster Co Op Marts |
Representatives | Self-represented | Mr R Doyle of ICOS |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00044753-003 | 23/06/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00044753-004 | 23/06/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 62(2) of the Charities Act 2009 | CA-00044753-005 | 23/06/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Schedule 6 of the Consumer Protection Act, 2007 | CA-00044753-006 | 23/06/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 6(1) of the Prevention of Corruption (Amendment) Act 2010 | CA-00044753-007 | 23/06/2021 |
Date of Adjudication Hearing: 24/05/2022 & 23/05/2023
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act; Section 25 of the Equal Status Act, 2000, Section 77 of the Employment Equality Act, 1998;Section 62(2) of the Charities Act 2009; Schedule 6 of the Consumer Protection Act, 2007 andSection 6(1) of the Prevention of Corruption (Amendment) Act 2010following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury were explained to all parties.
There were no issues raised regarding confidentiality in the publication of the decision.
1: Background:
The issues in contention concern a livestock and general Farmer and Leinster Co-Op Marts Ltd. The complaints were very broad ranging and included queries over the provenance of the Co-Op Shareholder Register, the proper maintenance of the Share Register, the manner of election of Board Members and policies regarding the rotation of Board members. Issues were also raised regarding the operation or non-operation of a subsidiary Mart for Sheep sales in Borris and the inclusion/non-inclusion of the Complainant’s livestock in Sheep sales there. A number of alleged interpersonal issues with Co-Op Directors were mentioned in passing. A first Hearing with the Adjudication Officer was held on the 24th May 2022. The Hearing was adjourned as it was hoped that further inter party discussions might secure an agreed local resolution. This did not prove to be the case and adjourned Hearing was reconvened on the 25th May 2023.
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2: Opening Legal Points
2:1 Opening point
At the Opening of the Hearing on the 25th May 2023 the Adjudication Officer raised the issue of the legal relationship between the Parties.
With the exception of the
- Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 CA-00044753-004
the other Complaints
- CA-00044753-003, Employment Equality Act,1998,
- CA-00044753-005, the Charities Act,2007,
- CA- 00044753-006, The Consumer Protection Act,2009
- CA-00044753-007, Prevention of Corruption (Amendment) Act 2010
require, for pursuit at the Workplace Relations Commission, an employer/employee relationship.
It was agreed in discussions that no such employment relationship existed or had ever existed between the Parties.
Furthermore, it was agreed in discussions that none of the grounds of Discrimination at Section 5 of the Equal Status Act 2000, were applicable. The Adjudication Officer listed these grounds to the Hearing.
2:2 Adjudication Officer Conclusion
Accordingly, the Adjudication Officer, having heard the Oral Testimony of the Parties and read the submitted Written materials concluded the Hearing on the basis that the Workplace Relations Commission did not have jurisdiction to deal with the Complaints listed at 2 to 5 above and that the Parties had clearly agreed that complaint No 1, the Equal Status Complaint, was also not applicable.
3: Decision:
Section 41 of the Workplace Relations Act 2015; Section 25 of the Equal Status Act, 2000, Section 77 of the Employment Equality Act, 1998;Section 62(2) of the Charities Act 2009; Schedule 6 of the Consumer Protection Act, 2007 andSection 6(1) of the Prevention of Corruption (Amendment) Act 2010requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.
3:1 CA-00044753-004 Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000
The Complaint is not well founded as no Discrimination as identified in the Act took place.
3:2 CA-00044753-003, Employment Equality Act,1998,
The WRC has not got proper jurisdiction -the Complaint fails.
3:3 CA-00044753-005, the Charities Act,2007,
The WRC has not got proper jurisdiction -the Complaint fails.
3:4 CA- 00044753-006, The Consumer Protection Act,2009
The WRC has not got proper jurisdiction -the Complaint fails.
3:5 CA-00044753-007, Prevention of Corruption (Amendment) Act 2010
The WRC has not got proper jurisdiction -the Complaint fails.
Dated: 4th July 2023
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Voluntary Societies, Livestock Marts, Equal Status, Equality, Prevention of Corruption, Charities Act. |