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ADE/24/125 |
DETERMINATION NO. EDA2617
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SECTION 44, WORKPLACE RELATIONS ACT 2015
SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2011
PARTIES:
ROTUNDA HOSPITAL
(REPRESENTED BY IBEC)
AND
SIOBHAN MCNALLY
DIVISION:
| Chairman: | Ms O'Donnell |
| Employer Member: | Ms. Bisiwe |
| Worker Member: | Mr Bell |
SUBJECT:
Appeal of Adjudication Officer Decision No's: ADJ-00050057 (CA-00064034-001)
BACKGROUND:
The Worker appealed the decision of the WRC Adjudication Officer under Section 83 (1), Employment Equality Acts, 1998 to 2015 on 28 August 2024 .
Labour Court hearings took place on 07 April 2026.
The following is the Determination of the Court:
DETERMINATION:
Background to the Appeal
This is an appeal by Ms Siobhan Mc Nally (the Complainant) from decision ADJ-00050057 CA-00064034-001 of an Adjudication Officer, under the Employment Equality Acts 1998 to 2015 in respect of her complaint against her employer Rotunda Hospital (the Respondent). The Court heard the appeal in Dublin on 7 April 2026, 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 11 June 2024 some sixty one 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 and noted that the Complainant had 110 cases before the WRC and 77 before the Labour Court. 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.
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Signed on behalf of the Labour Court |
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Louise O'Donnell |
| AL | ______________________ |
| 11/05/2026 | Chairman |
NOTE
Enquiries concerning this Determination should be in writing and addressed to Ms Amy Leonard, Court Secretary.