Complainant

Respondent

Anonymised Parties

An Individual

A Healthcare Provider

Representatives

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-00061349-001

01/02/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00061349-002

01/02/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00061352-001

01/02/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00061352-002

01/02/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00064034-001

11/06/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00064034-002

11/06/2024

The Complainant worked for the Respondent from March of 2003 until 20th May 2019 when she was placed on ill health retirement.

It has been determined by both the WRC and Labour Court that the Complainant’s employment relationship with the Respondent ended on 20th of May 2019. At various stages, the Complainant has sought to assert that she is on a form of suspension as she believes the decision to place her on retirement was not properly arrived at. While the Labour Court did rule that the process of the Complainant’s ill health retirement violated the Employment Equality Acts the Complainant was not reinstated and instead received compensation for her termination.

The argument that she is still an employee has already been considered by the WRC and rejected.

Previous Cases

The Complainant has challenged her ill health retirement by bringing complaints under a variety of acts, some complaints were appealed to the Labour Court. Decisions issued in these cases and appeals in 2019, 2020, 2021 and 2022.

While these complaints were being considered and even after they had been determined the Complainant continued to refer complaints to the WRC in 2020, 2021 and 2022. These complaints were referred to me and a hearing was held in January 2023. Decisions were issued in these cases in May 2023. These decisions are ADJ-00030360, ADJ-00032093, ADJ-0032418, ADJ-00040029, ADJ-00037341, ADJ-00037340, ADJ-00037339 and ADJ-00035260, ADJ-00036391, ADJ-00040031.

Another set of complaints were filed in November 2022, December 2022 and February 2023. A hearing was scheduled for these on the 7th of November 2023.

As I already had sight of the extensive and repetitious nature of the Complainant’s complaints against the Respondent, as well as the issues of fact already determined by both the WRC and the Labour Court, I first considered whether these complaints (ADJ-00044490, ADJ-00047508, ADJ-00044363, ADJ-00046231, ADJ-00044662, ADJ-00043707, ADJ-00044384, ADJ-00047807) should be dismissed as frivolous, as provided for under Section 77A of the Employment Equality Acts. I determined that they were and decisions reflecting this were issued on the 21st of September 2023, and the hearing was cancelled.

Now complaints, dated the 1st of February and 11th of June, 2024 have been referred to me. These were submitted approximately 5 years after the employment relationship has ended.

In the circumstances, I believe it is appropriate for me to first consider whether I should dismiss these complaints as frivolous or vexatious, as provided for under Section 77A of the Employment Equality Acts.

The Complainant submitted four complaints on the 1st of February 2024.

CA-00061349-001

This alleges that the Complainant has been discriminated against on the basis of gender and disability and that she has been victimised, not given reasonable accommodation, has been discriminated against in relation to her conditions of employment and has experienced other discriminatory behaviour, which she refers to as being linked to menopause.

It is clear from the complaint form that the complaint is based on the assertion that the Complainant is a suspended employee of the Respondent and not a former employee.

CA-00061349-002

This is an equal pay complaint related to gender and disability which is clearly based on the assertion that the Complainant is a suspended employee of the Respondent and not a former employee and is failing to discharge her salary as a suspended employee on full pay.

CA-00061352-001

This is a complaint of gender and disability-based harassment related to the alleged failure of the Respondent to send the Complainant pension consent forms in January 2024.

CA-00061352-002

This is a complaint of gender and disability related pay discrimination related to a payment of €27.26 to the Complainant in January 2024. The narrative of the complaint form suggested that the payment may be an increment or a reversal of levies and seeks more information related to this payment.

The Complainant submitted a further two complaints on the 11th of June 2024.

CA-00064034-001

This alleges that the Complainant has been discriminated against on the basis of age gender and disability and that she has been victimised, not given reasonable accommodation, discriminated against in relation to training, been discriminated against in relations to her conditions of employment and harassed and experienced other discriminatory behaviour.

The narrative of the Complaint form makes lengthy legal arguments related to time limits and EU directives. It is also clear that the complaint is based on an alleged ongoing employment relationship between the parties. It seeks to challenge a recent reassignment of PRSI class.

CA-00064034-002

This is an equal pay complaint on the basis of age, gender and disability which repeats much of the above assertions and in particular the assertion that the Complainant continues as an employee of the Respondent on paid suspension.

The Complainant also made a 200 page submission in August 2024 which again is grounded in the position that she continues to be an employee of the Respondent.

Previous decisions

As noted above I have already issued decisions in May and September 2023. These referred to previous WRC and Labour Court decisions related to the same facts.

These decisions have established the following:

·       The Complainant ceased being an employee of the Respondent in May 2019. She is not an employee on suspension.

·       Complaints regarding the conduct of the Respondent after this date fall outside my jurisdiction under the Employment Equality Acts as there is no employment relationship within a complaint could be grounded.

·       Complaints considering the Respondents conduct before this date concern matters which have already been determined by the WRC and Labour Court.

·       Complaints considering the Respondents conduct before this date are manifestly out of time.

·       Complaints concerning pension rights and ongoing pension payments are specifically excluded from the scope of the Employment Equality Acts.

In addition to the above I would also note that matters of PRSI class are outside my jurisdiction.

Section 77A

Section 77 A of the Employment Equality Acts allows me to dismiss a claim at any stage if it is frivolous or vexatious or misconceived or relates to a trivial matter or made in bad faith.

I am satisfied that these complaints are frivolous in the sense that they lack any legal merit in light of the facts already determined (and outlined above). There is nothing to be gained by holding a hearing into these matters. The key questions of employment relationship and jurisdiction have already been determined. A hearing would only serve to waste the resources of the WRC and the Respondent which has already been required to attend several hearings. 

As I decided to anonymise the previous decisions upon the request of the Complainant, I have determined that I should do so with this complaint as well, not least because if the parties were identified in this decision it might compromise the decision to anonymise the earlier decisions.

In accordance with Section 77A of the Employment Equality Acts  I have decided to dismiss this complaints on the basis that they are frivolous.