HSD255

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00044490 (CA-00055192-001)

BACKGROUND:

The employee appealed the Decision of the Adjudication Officer to the Labour Court 27 September 2024 in accordance with Section 29(1) of the Safety, Health and Welfare at Work Acts 2005-2014.

A Labour Court hearing took place on 14 January 2025.

The following is the Decision of the Court.

DECISION:

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 Safety, Health and Welfare at Work Act, 2005 (the Act) against the Rotunda Hospital (the Respondent).

The Adjudication Officer in his decision dismissed the complaint of the Appellant in accordance with Section 42 of the Workplace Relations Act, 2015 (the Act of 2015) on the basis that it was frivolous.

Relevant Law

The Act of 2015 at Section 42 makes provision as follows:

Dismissal of claim by adjudication officer

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.

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

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

(3) Upon the hearing of an appeal under this section, the Labour Court may—

(a) affirm the decision of the adjudication officer dismissing the complaint or dispute concerned, or

(b) annul that decision and refer the complaint or dispute to the Director General.

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 Decision should be addressed to Fiona Corcoran, Court Secretary.