FULL RECOMMENDATION
SECTION 29 (1), SAFETY HEALTH AND WELFARE AT WORK ACTS , 2005 TO 2014 PARTIES: WESTAIR AVIATION LIMITED (REPRESENTED BY HOLMES O MALLEY SEXTON LLP) - AND - MR LANCE DUTTON (REPRESENTED BY ORGANIC HRM) DIVISION:
SUBJECT: 1.Appeal Of Adjudication Officer Decision No(s)ADJ-00028669 CA-00038590-004 DETERMINATION: This is an appeal by the Worker of an Adjudication Officer’s decision. The Adjudication Officer did not recommend concession of the Worker’s claim. The Worker’s representative submissions covered all his complaints under various pieces of legislation without defining the specific issues or sections of the acts being relied on or the section of the submission that were relevant to a particular complaint. At the commencement of the hearing the Court sought clarification in respect of each of the specific complaints. In respect of this complaint the Court was advised that the issue was that the Complainant was unfairly dismissed on the 12thFebruary 2020. This case is linked to cases ECD/22/1, CD/22/160 FTC/22/29 and CD/22/159. Cases UD/22/98 and ECP/22/1 were withdrawn in the course of the hearing. Preliminary issues The Complainant’s representative following a number of breaks whereby she was facilitated with opportunities to take instruction from her client confirmed to the Court that the Complainant was unable to identify a protected act that he had carried out in line with the protected acts set out in section 27 (2) (a-e). However, it was the Complainant’s position that they were not prepared to withdraw the complaint and wished for the Court to issue a determination. Discussion and Determination The Court notes that the Complainant has failed to identify a protected Act as provided for by section 27 (2) (a-e) for which he was penalised and therefore his complaint must fail. The appeal fails. The Decision of the Adjudication Officer is upheld. The Court so Determines.
NOTE Enquiries concerning this Determination should be addressed to David Campbell, Court Secretary. |
