Complainant

Respondent

Parties

Frank  McDonnell

Siptu Trade Union

Representatives

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 62(2) of the Charities Act 2009

CA-00059496-002

19/10/2023

The complaint was received by the Workplace Relations Commission on 19th October 2023.

After a review of the papers, I have made the decision outlined below (please see Findings and Conclusions below).

The Complainant sent in a complaint to the Workplace Relations Commission on 19th October 2023.This complaint came in two parts:

CA – 00059496 – 001 – A complaint submitted under section 13 of the Industrial Relations Act of 1969. By letter dated 31st January 2024 the Respondent’s legal representative wrote to the Workplace Relations Commission stating that his client objected to any investigation under section 13 of the Industrial Relations Act 1969. Legally such an objection is permitted.

CA – 00059496 – 002 – A complaint submitted under section 62(2) of the Charities Act 2009. The Complainant contends that he has been penalised for reporting breaches of the Charities Act, 2009.

On reading the Charities Act, section 2 includes information relating to ‘excluded body’ and reads as follows:

“excluded body” means –

(a)   A political party, or a body that promotes a political party or candidate.

(b)   A body that promotes a political cause, unless the promotion of that cause relates directly to the advancement of the charitable purposes of the body,

(c)    An approved body of persons within the meaning of section 235 of the Taxess Consolidation Act 1997.

(d)   A trade union or a representative body of employers,

(e)    A chamber of commerce, or

(f)     A body that promotes purposes that are –

                                               i.          unlawful

                                              ii.          contrary to public morality

                                             iii.          contrary to public policy

                                             iv.          in support of terrorism or terrorist activities, whether in the State or outside the State, or

                                              v.          for the benefit of an organisation, membership of which is unlawful.

Section 42 of the Workplace Relations Act 2015 reads as follows:

42. (1) An adjudication officer may, at any time, dismiss a complaint or dispute referred to him or her under section 41 if he or she is of the opinion that it is frivolous or vexatious.

(2) (a) A person whose complaint or dispute is dismissed in accordance with this section may, not later than 42 days from its dismissal, appeal the dismissal to the Labour Court.

(2)(b) A person shall, when bringing an appeal under this subsection, give notice to the Commission in writing of the bringing of the appeal.

(2)(c) A notice referred to in paragraph (b) shall specify the grounds upon which the appeal is brought.

The instant complaint has no possible chance of succeeding.

Pursuant to section 42 of the Workplace Relations Act, 2015 I am dismissing the complaint (without hearing) as not being well- founded.

Pursuant to section 42 of the Workplace Relations Act, 2015 I am dismissing the complaint (without hearing) as not being well- founded.