| ADE/24/49 |
DETERMINATION NO. EDA2454
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SECTION 44, WORKPLACE RELATIONS ACT 2015
SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2015
PARTIES:
(REPRESENTED BY IBEC)
AND
AUDREY SUMAILI
DIVISION:
| Chairman: | Mr Haugh |
| Employer Member: | Ms Doyle |
| Worker Member: | Ms Treacy |
SUBJECT:
Appeal of Adjudication Officer Decision No's: ADJ-00046539 (CA-00057362-005)
BACKGROUND:
The Worker appealed the decision of the WRC Adjudication Officer under Section 83 (1), Employment Equality Acts, 1998 to 2015 on 2 April 2024. A Labour Court hearing took place on 23 October 2024.
The following is the Determination of the Court.
DETERMINATION:
Background to the Appeal
This is an appeal by Ms Audrey Sumaili (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00046539/CA-00057362-005, dated 26 March 2024) under the Employment Equality Act 1998 (‘the Act’). The Complainant’s Notice of Appeal was received in the Court on 2 April 2024. The Court heard the appeal in Sligo on 23 October 2024.
The Adjudication Officer held that she did not have jurisdiction to consider the Complainant’s complaint under the Act in circumstances where the substance of that complaint had been the subject of a binding mediation agreement concluded under section 39(4) of the Workplace Relations Act 2015, between the Complainant and Abtran Unlimited (‘the Respondent’).
The Appeal
At the outset of the within hearing, both the Complainant and the Respondent’s Representative confirmed the Parties had concluded a mediation agreement with the assistance of a Mediation Officer of the Workplace Relations Commission. That agreement is dated 26 March 2022. The Parties both told the Court that the matter which forms the basis for the within claim and appeal under the Act was comprehended by the mediation agreement concluded between them.
Discussion and Decision
This Court does not have jurisdiction to go behind a legally binding mediation agreement such as that which is in place between the Parties to the within appeal. Accordingly, the Court finds that the within appeal is without merit and is dismissed. The decision of the Adjudication Officer is, accordingly, upheld.
The Court so decides.
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Signed on behalf of the Labour Court |
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Alan Haugh |
| AR | ______________________ |
| 11th November 2024 | Deputy Chairman |
NOTE
Enquiries concerning this Determination should be addressed to Aidan Ralph, Court Secretary.