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FULL RECOMMENDATION
HSC/20/15
ADJ-00021835 CA00028488 CA00028492 |
DETERMINATION NO. HSD205
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SECTION 29 (1), SAFETY HEALTH AND WELFARE AT WORK ACTS , 2005 TO 2014
PARTIES :
OPTUM SERVICES (IRELAND) LIMITED
(REPRESENTED BY MS. MAIREAD MCKENNA BL
INSTRUCTED BY EMMA LIBRERI, MCCANN FITZGERALD SOLICITORS)
- AND -
STEPHEN CARTIN
DIVISION :
| Chairman: |
Mr Geraghty |
| Employer Member: |
Mr Murphy |
| Worker Member: |
Mr Bell |
SUBJECT:
1. Appeal of Adjudication Officer Decision No(s). ADJ-00021835 CA00028488 CA00028492.
BACKGROUND:
2. The Complainant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 29(1) of the Safety, Health and Welfare at Work Acts, 2005 to 2014. A Labour Court hearing took place remotely on 25 November 2020.
The following is the Determination of the Court:-
DETERMINATION :
Mr. Cartin, ‘the Complainant’, lodged a claim with the Workplace Relations Commission that he had been penalised by his employer Optum Services (Ireland) Limited, ‘the Respondent’, as per the terms of s. 27 of the Safety, Health and Welfare at Work Acts 2005-2014, for having raised a health and safety concern.
The Adjudication Officer, ‘AO’, did not uphold this claim.
The Complainant appealed to this Court.
Determination
The Complainant did not turn up to make his appeal to the Court. There is, therefore, no basis on which the Court can uphold his appeal.
The decision of the AO is upheld.
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Signed on behalf of the Labour Court |
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Tom Geraghty |
| TH |
______________________ |
| 4 December 2020 |
Deputy Chairman |
NOTE
Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.
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