Case Number: ADJ-00020191. Workplace Relations Commission

• Docket Number: ADJ-00020191
• Hearing Date: 14 October 2020
• Date: 01 March 2021
• Court: Workplace Relations Commission
• Respondent: A Statutory Body

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00020191

Parties:

	Complainant	Respondent
Anonymised Parties	An Adjudicator (4)	A Statutory Body

Representatives Mr. Myles Gilvarry, Solicitor, Gilvarry & Associates Mr. Desmond Ryan BL on the instructions of the Respondent’s inhouse Solicitor

Complaints:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001	CA-00026607-001	27/02/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003	CA-00026607-002	27/02/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003	CA-00026607-003	27/02/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003	CA-00026607-004	27/02/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00026607-005	27/02/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00026607-006	27/02/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00026607-007	27/02/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00026607-008	27/02/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00026607-009	27/02/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00026607-010	27/02/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00026607-011	27/02/2019

Date of Adjudication Hearing: 14/10/2020 and 28/01/2021

Workplace Relations Commission Adjudication Officer: Enda Murphy

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

The within complaints were assigned to me for inquiry by the Director General on 11 September, 2020.

Background:

The Respondent is a statutory body which was established in 2015. The Complainant was appointed as an Adjudicator by the Minister under statute on establishment of the Respondent to adjudicate upon complaints and disputes that fall within the remit of this body. The Complainant also worked as an Adjudicator for the Respondent’s predecessor body from 1 February, 2004 until October, 2015. The Complainant’s appointment as an Adjudicator with the Respondent was revoked by the Minister on 7 September, 2018. The Complainant claims that he was treated less favourably than other comparable full-time workers in relation to his conditions of employment contrary to Section 9(1) of the Protection of Employees (Part-Time Work) Act, 2001. The Complainant claims that he was treated less favourably than other comparable permanent workers in relation to his conditions of employment contrary to Section 6(1) of the Protection of Employees (Fixed-Term Work) Act, 2003. The Complainant claims that he was employed on multiple fixed term contracts for 14 years without being offered a contract of indefinite duration and therefore the Respondent has contravened...