ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056609
Parties:
| Complainant | Respondent |
Parties | Jacob Benarros Neto | Chief Medical Officer (Cmo) |
Representatives |
| Stephen O’Sullivan BL instructed by Aideen O'Brien Chief State Solicitor's Office |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00068823-001 | 24/01/2025 |
Date of Adjudication Hearing: 23/05/2025
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015,following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
As the Respondent highlighted in their submissions that the Complainant had erroneously identified them as the employer on the complaint form, I addressed this matter with the Complainant at the outset. He acknowledged that the Respondent was not, in fact, his employer.
Decision:
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Section 77A(1) of the Act states that: 77A.—(1) The Director General of the Workplace Relations Commission may dismiss a claim at any stage if of opinion that it has been made in bad faith or is frivolous, vexatious or misconceived or relates to a trivial matter. Given that the Complainant accepted that his employer was not the Respondent, I find that the complaint is misconceived. |
Dated: 17/06/25
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
|