FULL RECOMMENDATION
SECTION 29 (1), SAFETY HEALTH AND WELFARE AT WORK ACTS , 2005 TO 2014 PARTIES : KERRY PARENTS AND FRIENDS ASSOCIATION (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - KATHLEEN O' CONNOR FLEMING DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Mr Shanahan |
1. An appeal of an Adjudication Officer's Decision No: ADJ-00002320.
BACKGROUND:
2. The Employer appealed the Adjudication Officer's Decision to the Labour Court on 15 August 2017. A Labour Court hearing took place on 9 November 2017.
The following is the Decision of the Court:-
DETERMINATION:
This is an appeal brought by Ms Kathleen O’Connor Fleming (‘the Complainant’) against a decision of an Adjudication Officer Decision No Adj-00002320 CA-00003186-004, dated 5th July 2017, in respect of a complaint of penalisation contrary to the Safety, Health and Welfare at Work Act, 2005 (‘the Act’). The Complainant was employed by Kerry Parents & Friends Association (‘the Respondent’) from June 2002, latterly as a Training Coordinator, until her dismissal on 17th September 2015.
The Adjudication Officer found that the complaint was not well-founded and accordingly did not uphold her claim under the Act.
The Complainant referred her complaint under the Act to the Workplace Relations Commission on 14th March 2016, alleging penalisation as a result of a bullying complaint made by her to the Respondent in 2011. The Complainant outlined in some considerable detail the alleged incidents which she held were penalisation within the meaning of the Act. The Respondent submitted that there were no alleged acts of penalisation within the cognisable period covered by the claim and in any event, it submitted that the Complainant had already sought and obtained relief under the Unfair Dismissals Acts in respect of the alleged detriments complained of.
The Court notes that there was considerable overlap between this complaint and the Complainant’s complaints under the Unfair Dismissals Act, the Protected Disclosures Act, and the Industrial Relations Acts, all of which have been the subject of separate claims and adjudicated upon.
With regard to the time limits for submitting a claim under the Act, section 41(6) of the Workplace Relations Act 2015 provides a six-month time-limit within which a complaint in respect of an alleged penalisation can be made. This is the six-month period from 15thSeptember 2015 until 14th March 2016. As the Complainant was not in employment from the period 27th April 2015, until her dismissal on 17thSeptember 2015 and as she confirmed for the Court that the alleged acts of penalisation did not relate to that six-month period, therefore, the Court finds that the Complainant’s alleged penalisation complaint is out of time.
Accordingly, theAdjudication Officer’s Decisionis affirmed and the within appeal is disallowed.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
30 November, 2017Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.