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FULL RECOMMENDATION
SECTION 12 (2), PROTECTED DISCLOSURES ACT, 2014 PARTIES : DEPARTMENT OF EMPLOYMENT AFFAIRS AND SOCIAL PROTECTION
(REPRESENTED BY JAMES O'DONNELL B.L. INSTRUCTED BY THE CHIEF STATE SOLICTOR'S OFFICE) - AND - COLM MCNAMEE DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. An appeal of an Adjudication Officer's Decision No(s) ADJ-00012254 CA-00016557-002
BACKGROUND:
2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 19 March 2019. A Labour Court hearing took place on 22 October 2019. The following is the Court's Determination:
DETERMINATION :
Introduction
This is an appeal by Colm Mc Namee (the Complainant) against the Adjudication Officer’s Decision ADJ-00012254 in his complaint of penalisation by Department of Social Affairs and Social Protection (the Respondent). The complaints were made pursuant to the Protected Disclosures Act 2014(the Act). The Adjudication Officer found that the complaints were res judicata as it had already been decided in Adjudication Officer Decision ADJ 00006247 that the Respondent was not his employer.
Background
This complaint is linked to Labour Court case ADE/19/25. The Court has already decided in that case that the issue of whether or not the Respondent is the Complainant’s employer is res judicata. It has already been decided in Adjudication Officer Decision ADJ 00006247 that the Respondent is not his employer and that decision was not appealed. On that basis the Court Determines that this appeal must fail. The Decision of the Adjudication Officer is upheld.
The Court so Determines.
Signed on behalf of the Labour Court
Louise O'Donnell
DC ______________________
21 November 2019 Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David Campbell, Court Secretary.