ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052998
Parties:
| Complainant | Respondent |
Parties | Eleanor Maher | Tipperary Centre for independent living |
| Complainant | Respondent |
Anonymised Parties |
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Representatives |
| Ms. Lorraine Farrell |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 20(1) of the Industrial Relations (Amendment) Act, 2015 | CA-00064892-001 | 21/07/2024 |
Date of Adjudication Hearing: 13/08/2025
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
Section 20(1) of the Industrial Relations (Amendment) Act, 2015 provides that an employer should not penalise or threaten a worker for a) invoking any right conferred on him or her by Chapter 3 (deals with Sectoral Employment Orders) of the 2015 Act, b) making a complaint to the Workplace Relations Commission that a provision of Chapter 3 has been contravened or c) giving notice of his or her intention to do a) or b) above.
Complaint herein may be presented to the Adjudication Officer services provided by the workplace relations commission.
Background:
This hearing was to be conducted remotely as provided for in the Civil Law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/2020 which said instrument designates the Workplace Relations Commission as a body empowered to hold remote hearings pursuant to Section 31 of the Principal Act. The said remote hearing was set up and hosted by an appointed member of the WRC administrative staff. I am satisfied that no party would have been prejudiced by having this hearing conducted remotely. I am also satisfied that I was in a position to fully exercise my function and I made all relevant inquiries in the usual way. The Complaint herein was brought to the attention of the WRC on the 27th of July 2024 by way of a workplace relations complaint form. |
Summary of Complainant’s Case:
The Complainant did not attend. I am satisfied that the Complainant was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 17th of June 2025 - and sent to the address provided by the Complainant on the workplace relations complaint form. From the Complaint form provided, I have discerned that the Complainant seeks to establish that she was penalised by her employer for invoking her rights or entitlements under the Industrial Relations (Amendment) Act of 2015. |
Summary of Respondent’s Case:
The Respondent attended the remote hearing and was prepared to fully defend any allegations made. |
Findings and Conclusions:
In circumstances where the Complainant did not attend to make her case I can make no finding in her favour. |
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.
Complaint seeking adjudication by the Workplace Relations Commission under Section 20(1) of the Industrial Relations (Amendment) Act, 2015 CA-00064892-001 – The complaint herein is not well founded.
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Dated: 16-09-25
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words:
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