ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047232
Parties:
| Complainant | Respondent |
Anonymised Parties | A Citizen | A Garda Station |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 62(2) of the Charities Act 2009 | CA-00058038-001 | 31/07/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Schedule 2 of the Criminal Justice Act 2011 | CA-00058038-002 | 31/07/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 6(1) of the Prevention of Corruption (Amendment) Act 2010 | CA-00058038-003 | 31/07/2023 |
Date of Adjudication Hearing: N/A
Workplace Relations Commission Adjudication Officer: Seamus Clinton
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 by a review of the papers. I have anonymised the parties due to the nature of the complaints and to ensure no prejudice to either party into the future.
Background:
The above three statutory complaints relate to the rights of ‘employees’ to be protected after making complaints or disclosures. |
Summary of Complainant’s Case:
The complainant on the complaint form does not claim to be an employee. |
Summary of Respondent’s Case:
A representative of the respondent has written to the Workplace Relations Commission (WRC) to clarify that the complainant is not an employee. |
Findings and Conclusions:
Section 42(1) of the Workplace Relations Act 2015 authorises an Adjudication Officer to dismiss a complaint if it is frivolous or vexatious. As the complainant is not an employee, there is no likelihood of a successful pursuit of the claims made. Under these circumstances, I decide to dismiss the complaints. |
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-00058038-001- I decide to dismiss the complaint. CA-00058038-002- I decide to dismiss the complaint. CA-00058038-003- I decide to dismiss the complaint. |
Dated: 17th December 2024
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Dismissal of Complaints |