ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048755
Parties:
| Complainant | Respondent |
Parties | Ryan English | The Health Service Executive |
Representatives | Self-Represented | Eamonn Ross Employee Relations Department |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004 | CA-00060007-001 | 14/11/2023 |
Date of Adjudication Hearing: 19/11/2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
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.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant and a witness for the respondent undertook to give their evidence under affirmation |
Summary of Complainant’s Case:
The complainant submitted that he was being paid as a porter while undertaking cleaning duties. He confirmed in evidence that he received backdated wages. He stated that he was discriminated against in terms of his job title. |
Summary of Respondent’s Case:
The respondent submitted that the complainant was paid as a porter and that contributions were being made to the pension scheme. It submitted that the complainant has not offered any evidence regarding either victimisation or discrimination. |
Findings and Conclusions:
The complainant did not offer any evidence to support a complaint of discrimination in respect of an occupational pension or otherwise. He stated that he was discriminated against in respect of his job title. Having considered all the written and oral evidence submitted in relation to this complaint, I find that the Act has not been contravened. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Having regard to all the written and oral evidence submitted in relation to this complaint, my decision is that the Act has not been contravened. |
Dated: 22nd of November 2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Pensions Act – no evidence of contravention presented |