ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00032524
Parties:
| Complainant | Respondent |
Parties | Pjotrs Ivahno | Galway Clinic Doughiska Limited |
Representatives | Self | Alastair Purdy & Co. Solicitors |
Complaint(s):
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-00043107-001 | 17/03/2021 |
Date of Adjudication Hearing: 06/06/2023
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
Background:
The Complainant lodged a complaint regarding the same facts under ADJ-00032772. A decision issued on the 21 September 2021. This was appealed by the Respondent and the Labour Court issued its decision on the 22 February 2022 under reference PW/21/54. |
Summary of Complainant’s Case:
The Complainant confirmed that he had filed two complaints around the same time with the same facts. He confirmed his first complaint ADJ-00032772 was heard by both an Adjudication Officer and the Labour Court. He said he was not happy with some information put before the Labour Court. He confirmed there were no new facts basing this complaint. |
Summary of Respondent’s Case:
The Respondents case was that the case had been heard already and could not be re-run again. |
Findings and Conclusions:
I am satisfied that this case is a duplicate of ADJ-00032772 which has been dealt with both by the Workplace Relations Commission and on appeal to the Labour Court. The legal principle of res judicata applies. The Complainant cannot re-litigate an action which has been finally determined by a Court of competent jurisdiction. The Complainant does not have a right of appeal from the Labour Court back to the Workplace Relations Commission. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
This complaint is not well founded. |
Dated: 08-09-2023
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Res Judicata |