EDA2511

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00047508 (CA-00058418-001)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 27 September 2024.

A Labour Court hearing took place on 14 January 2025.  The following is the Court's Decision.

DETERMINATION:

This matter comes before the Court as an appeal of a decision of an Adjudication Officer by Siobhan McNally (the Appellant) in her complaint made under the Employment Equality Act, 1998 (the Act) against the Rotunda Hospital (the Respondent).

The Adjudication Officer in his decision dismissed the complaint of the Appellant in accordance with Section 77A of the Act on the basis that it was frivolous.

Relevant Law

The Act at Section 77A makes provision as follows:

Dismissal of claim.

77A.—(1) The Director General of the Workplace Relations Commission] may dismiss a claim at any stage if of opinion that it has been made in bad faith or is frivolous, vexatious or misconceived or relates to a trivial matter.

(2) (a) Not later than 42 days after the Director General of the Workplace Relations Commission] dismisses a claim under this section, the complainant may appeal against the decision to the Labour Court on notice to the Director General of the Workplace Relations Commission] specifying the grounds of the appeal.

(b) On the appeal the Labour Court may affirm or quash the decision.

The hearing of the Court

The hearing of the Court was scheduled to commence at 11.00am on 14th January 2025. The Court is satisfied that both parties were properly notified and aware of the date, time and venue for the hearing.

The Appellant was not in attendance at 11.00am on the 14th January 2025. At 11.07am on the day, the Secretary to the Court received a call from the Appellant which could not be immediately answered. That phone call was returned to the Appellant at 11.09am.

The Appellant advised the Secretary that she thought that the hearing was at 2.00pm on 14th January. She offered no explanation as to why she thought this was the start time for the hearing.

The Respondent to the appeal was present in the Court room at 11.00am.

The hearing of the within appeal was opened by the Court at approximately 11.15am on 14th January 2025. The Appellant was not present to move her appeal.

The Court advised the Respondent that the appeal would fail because the Appellant was not present to move her appeal.

The hearing closed.

Decision of the Court.

The within appeal fails and the decision of the Adjudication Officer is affirmed.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
FC	______________________
15th January 2025	Chairman

NOTE

Enquiries concerning this Determination should be addressed to Fiona Corcoran, Court Secretary.