Complainant

Respondent

Parties

Kristine  Galinska

Department Of Social Protection

Representatives

  Self-represented

Eileen Burke Chief State Solicitors Office

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004

CA-00068654-001

16/01/2025

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant and three witnesses for the respondent undertook to give evidence under affirmation.  The hearing took place with the assistance of an interpreter provided by the WRC.

The first hearing of this issue was adjourned as the respondent only submitted a complex and lengthy submission within 48 hours of the hearing in order to allow the complainant adequate consideration of the issues raised.  The complainant was given time to consider the submissions and to make a written submission.  She made no further submissions.

At the start of the hearing the respondent raised three preliminary matters for consideration.

Preliminary issues:

The respondent submitted that the detail of the complaint did not revolve around an occupational pension and that the complainant was not an employee.

The respondent submitted that the complaint was outside the statutory remit of the WRC as the matter to hand dealt with the statutory duty of the respondent.

The respondent submitted that the detail of the complaint revealed that the matter was outside the timeframe permitted by the legislation

Response to the Preliminary issues raised:

At the start of the hearing the complainant confirmed that she did not have any written submission in response to the matters raised by the respondent.

The complainant confirmed that the matter did not deal with an occupational pension issue and that the complainant was not, nor had ever been, an employee of the respondent.

The complainant confirmed that no issue arose in the six months leading up to the lodgement of her complaint.  She confirmed that she understood that certain matters fell outside the timeframe permitted by the Act.

Section 81E (5) & (6) of the Pensions Act states that

(5) Subject to subsection (6), a claim for redress in respect of a breach of the principle of equal pension treatment or victimisation may not be referred under this section after the end of the period of 6 months from the date of termination of the relevant employment.

(6) On application by a complainant, the Director General of the Workplace Relations Commission, or the Circuit Court as the case may be, may, for reasonable cause, direct that, in relation to the complainant, subsection (5) shall have effect as if for the reference in it to a period of 6 months there were substituted a reference to such period not exceeding 12 months as is specified in the direction, and where such a direction is given, this Part shall have effect accordingly.

Section 76(1) of the pensions Act deals with the Burden of Proof and states as follows:

Where in any proceedings facts are established by or on behalf of a complainant from which it may be reasonably inferred that there has been a breach of the principle of equal pension treatment in relation to him, it is for the respondent to prove the contrary.

`Section 42(1) of the Workplace Relations Act states that:

An adjudication officer may, at any time, dismiss a complaint or dispute referred to him or her under section 41 if he or she is of the opinion that it is frivolous or vexatious.

Section 81J (1), (2) & (3) state as follows:

(1) In this section "the Act of 1998" means the Employment Equality Act 1998.

(2) Sections 74, 76, 77A, 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.

(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.

Section 77A of the Employment Equality 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.

The complainant outlined that there was no complaint being taken regarding an issue that took place withing the 6-month period comprehended by Section 81E (5) & (6) of the Pensions Act 1990 as amended.  She further confirmed that the complaint did not relate to an occupational pension or that she was employed by the respondent.

Arising from the foregoing, I am satisfied that the complaint is misconceived.

Having considered all the written and oral evidence presented in relation to this complaint, my decision is that the matter is misconceived.

Pensions Act – does not relate to an occupational pension – misconceived.