HSD259

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No(s) ADJ-00044662 CA-00055447-001

BACKGROUND:

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 on  05 February 2025.

The following is the Decision of the Court:-

DECISION:

Background to the Appeal

This is an appeal by Ms Siobhan McNally (the Complainant) from decision ADJ-00044662 CA-00055447-001 of an Adjudication Officer, under the Safety Health and Welfare at Work Acts,2005 to 2014 in respect of her complaint against her employer Rotunda Hospital (the Respondent). 

The Court heard the appeal in Dublin on 5 February 2025, along with six other appeals.

The Adjudication Officer dismissed the claim on the basis that it was frivolous.  The complaint was received by the Workplace Relations Commission on 8 March 2023 some forty six months after her employment with the Respondent had terminated on 20th May 2019 as previously found by the Labour Court in EDA2148 (13 December 2021 and 4 July 2022) and LCR22612 (10th June 2022).

Discussion

 In a case where the Adjudication Officer dismisses a complaint as frivolous the role of the Court is limited to determining whether to uphold that finding or set it aside and return the case to the WRC for hearing of the substantive issue.

The decision of the Court that determined the Complainants employment terminated on 20th May 2019 was not appealed. The fact that the Complainant continues to submit claims years after that event, having decided not to appeal that earlier decision, gives support to the finding of the Adjudication Officer that this complaint is frivolous and should be dismissed. The Complainant made a submission and was afforded the opportunity to read same to the Court.

The Representative for the Employer read their submission, submitting that the case was frivolous and should be dismissed. Having considered the submissions of both parties the Court finds that the claim lacks any legal merit under the Act and is therefore frivolous.

Determination

The Court finds that the claim is frivolous

The Decision of the Adjudication Officer is upheld

The Court so determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
AL	______________________
11th March 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Amy Leonard, Court Secretary.