ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00032969
Parties:
| Complainant | Respondent |
Parties | Mariann Bodor | iNUA Hospitality Group t/a Radisson Blue Hotel & Spa |
Representatives | Renata Bencsik | Niamh O Donnabhain, BL. |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005 | CA-00043625-001 | 16/04/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00043684-001 | 20/04/2021 |
Date of Adjudication Hearing: 26/05/2022, 17/11/2022 & 16/03/2023
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following 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.
Background:
These complaints were submitted following a hearing which partly heard complaints under a connected Adjudication reference ADJ-00029130. The employment of the Complainant was terminated by reason of redundancy and when the complaint under the reference ADJ-00029130 was being heard, the Respondent sought for a decision that there was no jurisdiction as the complaint of unfair dismissal was submitted before the end of the notice period. The Complainant’s representative then submitted two further complaints which are considered and adjudicated upon in this decision. The Complainant’s employment was terminated by reason of redundancy and the expiry of the notice period was 31st July 2020. Complaint number CA-00043625-001 was received by the WRC on 16th April 2021. Complaint number CA-00043684-001 was received by the WRC on 20th April 2021. Both complaints would be deemed to be out of time under Section 41 (6) of the Workplace Relations Act 2015 which provides for a six-month time limit unless saved by Section 41 (8) which provides for a further six month time period if reasonable cause is deemed to exist which prevented the complaint from being submitted in the six month period. |
Summary of Complainant’s Case:
The Complainant was employed as an Accommodation Assistant and then as a Team Leader. She alleges that she was unfairly dismissed by reason of redundancy, which she contends arose after she made a complaint of bullying & harassment against her supervisor. This dismissal she contends was punishment for bringing a bullying & harassment complaint and therefore was a detrimental act under the Safety, Health & Welfare at Work Act. In addition, the Complainant was dismissed unfairly having been bullied by her supervisor and made redundant. Extensive submissions oral and written were made. The Complainant seeks an extension of time under Section 41 (8) of the Workplace Relations Act 2015. |
Summary of Respondent’s Case:
The Respondent objects to any extension of time on the following grounds: The argument the Complainant’s representative makes that had she been aware of the Respondent’s position on premature claims of unfair dismissal, she would have submitted the complaint in a timely manner is not a valid reason for extending time. Further, the complaint under the Safety, Health & Welfare at Work Act is a different claim and should be dismissed. |
Findings and Conclusions:
CA-00043625-001 - Safety, Health & Welfare at Work Act 2005. The complaint was received by the WRC on 16th April 2021. The Complainant’s employment ended on 31st July 2020. The complaint is out of time and I find no reasonable explanation for the failure to present it within the statutory six month time limit was made out. Further, the principle of res ajudicata applies, where the matter of the Complainant’s dismissal has already been decided in ADJ-00029130 and where relief under both Acts may not be granted as per Section 27 (5) of the Safety, Health and Welfare at Work Act 2005. For these reasons, I find the complaint to be not well founded. CA-00043684-001 – Unfair Dismissals Act 1977 The complaint was received by the WRC on 20th April 2021. The Complainant’s employment ended on 31st July 2020. The complaint is out of time and I find no reasonable explanation for the failure to present it within the statutory six month time limit was made out. Further, the principle of res ajudicata applies, where the matter of the Complainant’s dismissal has already been decided in ADJ-00029130. For these reasons, I find the complaint to be not well founded. |
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.
CA-00043625-001 - Safety, Health & Welfare at Work Act 2005.
I have decided the complaint is not well founded.
CA-00043684-001 – Unfair Dismissals Act 1977
I have decided the complaint is not well founded.
Dated: 4th May 2023
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Penalisation under SHAWW Act, time limits, res ajudicata. |