ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047578
Parties:
| Complainant | Respondent |
Parties | Ogheneyoua Ughwubrusi | Avista CLG |
Representatives |
| Peter Gilfedder IBEC |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00058535-002 | 28/08/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00058535-004 | 28/08/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00058535-005 | 28/08/2023 |
Date of Adjudication Hearing: 15/02/2024
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaints to me by the Director General, I inquired into the complaints.
The Respondent raised preliminary objections arguing that I did not have jurisdiction to consider these complaints. The Complainant withdrew one of these complaints CA-00058535-005, under the Equal Status Acts, before the hearing.
I considered these issues in the first instance.
Background:
The Complainant worked for the Respondent healthcare provider from 16th of May 2022 until her employment ended on 7th of July 2022.
Both parties consented to the substituting the name given by the Complainant in her complaint form to the correct name of the Respondent. That is from “Daughters of Charity” to “Avista CLG” |
Summary of Complainant’s Case:
The Complainant attended the hearing and confirmed the date of her employment with the Respondent ending. She confirmed that she had withdrawn CA-00058535-005 under the Equal Status Acts. |
Summary of Respondent’s Case:
The Respondent attended the hearing and submitted that I did not have jurisdiction to hear these claims as they are out of time. |
Findings and Conclusions:
Section 77 of the Employment Equality Act provides for a maximum time frame of 12 months for the referral of a complaint under that act to the Workplace Relations Commission. Section 8 of the Unfair Dismissals Act provides for the same time limitation of 12 months. The Complainant ceased working with the Respondent on the 7th of July 2022. She filed her complaints with the WRC on the 28th of August 2023. These claims are out of time, and I have no jurisdiction to consider them further. The Equal Status Act complaint was withdrawn by email on the 16th of January. The Complainant confirmed this was the case in the hearing. As such I had no jurisdiction to consider that complaint either |
Decision:
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
CA-00058535-002 For the reasons stated above I do not have jurisdiction to hear this complaint. CA-00058535-004 For the reasons stated above I do not have jurisdiction to hear this complaint. CA-00058535-005 For the reasons stated above I do not have jurisdiction to hear this complaint. |
Dated: 13th of March 2024
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
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