Complainant

Respondent

Parties

Jacob  Benarros Neto

Department of Public Expenditure National Development Plan Delivery and Reform

Representatives

In person.

Stephen O’Sullivan BL instructed by Aideen O'Brien Chief State Solicitor's Office

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000

CA-00059287-001

05/10/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 7 of the Terms of Employment (Information) Act, 1994.

CA-00059287-002

05/10/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00059287-003

05/10/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00059287-004

05/10/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00059287-005

05/10/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 7 of the Terms of Employment (Information) Act, 1994.

CA-00059287-008

05/10/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 62(2) of the Charities Act 2009

CA-00059287-009

05/10/2023

Complaint seeking adjudication by the Workplace Relations Commission under  Part 14 Section 103(55M) of the Health Act, 2007

CA-00059287-010

05/10/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00059287-012

05/10/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00059287-013

05/10/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 86 of the Employment Equality Act, 1998

CA-00059287-014

05/10/2023

The complainant is a civil servant and commenced employment on 30th July 2018. The complainant successfully applied for a position in the Department of Foreign Affairs and commenced employment in Foreign Affairs on 22nd November 2021.

This complaint was received by the Workplace Relations Commission on 5th October 2023.

The complainant did not enter a  submission for the hearing. He did submit a bundle of documents, the bundle submitted was in excess of 600 pages.

The claims against DPENDR ADJ-00048414; CA 00059287

1.       For the record, the correct name of the respondent in ADJ-00048414 is the Department of Public Expenditure National Development Plan Delivery and Reform, hereinafter referred to as “DPENDR”.

2.       The claims against DPENDR were lodged on 5/10/23. It would seem the claimant attempted to lodge the complaints in the incorrect format on before 29/9/23. DPENDR relies on the time limit of 6 months for the claims brought by the claimant.

3.       DPENDR was not the claimant’s employer at any stage. The claimant did not have a contract of employment, express or implied, in writing or oral, with DPENDR at material times.

4.       DPENDR did not provide goods and services to the claimant at material times in ways that are judiciable under the Equal Status claim.

5.       The claimant impugns the conduct of the Civil Service Appeal Board (CSAB) in determining the appeal of his failed probation with the DFA. The CSAB operates independently from DPENDR.

6.       The CSAB is a 3-person board made up of representatives from three panels. The first panel is made up of four independent Chairs (Barristers); the second panel is made up of four Employer representatives (current or retired Civil Servants) and the third panel is made up of 19 trade union representatives (from Fórsa or ACHPS). A board convened to hear a particular appeal draws on one member from each panel on rotation. All appointments to the CSAB, with the exception of the Board Secretary, are signed off by the Minister, DPENDR. The Secretary is responsible for the management of the work of the Board on the advice and instruction of the Chairperson of the Board. The Secretary is an employee of DPENDR and the work referred to includes administrative duties, including preparing/issuing papers submitted, arranging hearing dates. A separate member of DPENDR staff is assigned to take notes at each hearing (from a group of staff who are trained in notetaking). DPENDR denies all and any claims made against them and the claimant is put on full proof of his claim.

The complainant did not enter a  submission for the hearing. He did submit a bundle of documents, the bundle submitted was in excess of 600 pages. The Workplace Relations Act 2015 states at section 41 the following:

Section 41 (9)(a) A complaint to which this section applies shall be presented to the Director General under subsection (1) by giving notice thereof in writing to the Director General and the notice shall contain particulars and be in such form as may be specified from time to time by the Minister.

The representative for the Respondent has stated:

It is difficult for the respondents to defend this claim as the claims in the claim form are so broad and imprecise. The claimant recently sent multiple files to the WRC but no submission to give context. The claimant should enter a submission to the WRC with numbered paragraphs detailing the claims under each heading and particularising the claims better, exhibiting relevant documents in respect of that particular claim.

The complainant at no time during his employment in the Civil Service worked for the Respondent.

The Respondent in this case, the Department of Public Expenditure National Development Plan Delivery and Reform, had no interaction with the complainant.

I find that the Department of Public Expenditure National Development Plan Delivery and Reform have no case to answer.

The complaints are not well founded.

As outlined above.