TED256

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00049322 (CA-00060600-001).

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on the 19 April 2024 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2012. 

A Labour Court hearing took place on the 25 March 2025. 

The following is the Decision of the Court.

DECISION:

Background

This is an appeal by Ms Catherine Sheehan (the Complainant) against decision ADJ-00049322 – CA 000-60600-001 of an Adjudication Officer. The complaint was made pursuant to a contravention of the Terms of Employment (information) Act 11944 (the Act) by her employer Cork County Council (the Respondent).  The complaint was in respect of breach of section 5 of the Act.  The Adjudication Officer dismissed the claim in accordance with section 42 (1) of the Act as being frivolous or vexatious.

The claim was lodged with the WRC on 19 December 2023, therefore the cognisable period in accordance with the Act is 20 June 2023 to 19 December 2023.

Relevant Law

Section 42 (1) of the Workplace Relations Act 2015 provides that an Adjudication Officer may dismiss a complaint if they are of the opinion that it is frivolous.

Section 42 (3) sets out that in such a case the Labour Court on hearing the appeal can either uphold the decision of the Adjudication Officer or annul the decision and refer the complaint to the Director General of the WRC.

 Summary of Complainant’s submission

The Complainant confirmed to the Court that she has been absent from work since August 2022. It was her submissions that she had been transferred while out on sick leave and that the Employer would not confirm what position she would be assigned to on her return to work. She also stated that the Employer was not responding to her correspondence.

Summary of Respondent’s submission

Mr Des Ryan BL on the behalf of the Respondent submitted that the claim should be dismissed in accordance with section 42(1) of the Workplace Relations Act 2015. There had been no changes to the Complainants terms and conditions of employment. She was absent on certified sick leave during the relevant period, and she had not identified a breach of the Act. The Respondent has replied to her correspondence, but until they know when she will actually be fit to return to work, they could not identify the specific post she would hold but it would be appropriate to her grade.

Discussion

The only issue that falls to the Court to determine is whether or not this complaint is legally frivolous or vexatious as defined by section 42 (1) of the Workplace Relations Act 2015. The Court determines that the Complainant has not identified potential breaches of the Act during the relevant period in 2023 and therefore her complaint cannot succeed.  On that basis the Court upholds the decision of the Adjudication Officer.

Determination

 The Court upholds the decision of the Adjudication Officer. The appeal fails.

The Court so decides.

	Signed on behalf of the Labour Court
	Louise O'Donnell
TH	______________________
4th April 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary.