ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00050144

Parties:

	Complainant	Respondent
Parties	Mrs Sumeshnee Baloo	Your Medical Services Limited T/A The Surgery Skerries

	Complainant	Respondent
Anonymised Parties

Representatives

The Complainant did not attend and was not represented at hearing.

Mr Peter Dunlea Peninsula Business Services

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Part 14 Section 103(55M) of the Health Act, 2007	CA-00061554-001	14/02/2024

Date of Adjudication Hearing: 01/08/2024

Workplace Relations Commission Adjudication Officer: Eileen Campbell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 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. The hearing was conducted in person in Lansdowne House.

While the parties are named in the Decision, I will refer to Mrs Sumeshnee Baloo as “the Complainant” and to Your Medical Services Limited T/A The Surgery Skerries as “the Respondent”.

The Complainant did not attend and was not represented at the hearing. The Respondent was represented by Mr Peter Dunlea Peninsula Business Services. Ms Wendy Chambers MD was in attendance on behalf of the Respondent together with a witness for the Respondent.

Having waited a reasonable period of time there was no appearance by or on behalf of the Complainant at hearing on 01/08/2024. A postponement had been sought by the Complainant on 31/07/2024. The supporting documentation relevant to such an application had been requested by the WRC and had not been provided by the Complainant as of commencement of hearing.

The aforesaid hearing on 01/08/2024 was adjourned in light of the particular circumstances prevailing at that time and on that day in order to provide the Complainant with the opportunity to submit the relevant supporting documentation to the WRC.

The Complainant has not availed of the further opportunities to provide such documentation as set out in correspondence to her on 20/08/2024 and 11/08/2025.

Background:

This matter came before the WRC dated 14/02/2024. The Complainant alleges penalisation for making a protected disclosure of information under the Health Act 2004. The aforesaid complaint was referred to me for investigation. A hearing for that purpose was scheduled to take place on 01/08/2024.

Having waited a reasonable period of the time on the day, there was no appearance by or on behalf of the Complainant.

Summary of Complainant’s Case:

CA-00061554-001

There was no appearance by or on behalf of the Complainant at the adjudication hearing.

Summary of Respondent’s Case:

CA-00061554-001

The Respondent attended the hearing. In circumstances where the Complainant did not attend there was no requirement for evidence to be presented by the Respondent.

Findings and Conclusions:

CA-00061554-001

As of the date of this decision there has been no further communication received from or on behalf of the Complainant further to correspondence to the Complainant from the WRC on 20/08/2024 and 11/08/2025 respectively.

In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

CA-00061554-001

For the reasons set out above, I decide this complaint is not well-founded.

Dated: 08-09-25

Workplace Relations Commission Adjudication Officer: Eileen Campbell

Key Words:

Complainant did not attend;