Health Service Executive (Cork and Kerry) v Larry O'Connor

• Jurisdiction: Ireland
• Judgment Date: 30 October 2018
• Judgment citation (vLex): [2018] 10 JIEC 3001
• Court: Labour Court (Ireland)
• Docket Number: ADJ-00011108 CA-00014788-001,DETERMINATION NO.TED1815,FULL RECOMMENDATION
• Date: 30 October 2018

Labour Court

FULL RECOMMENDATION

TE/18/19

DETERMINATION NO.TED1815

ADJ-00011108 CA-00014788-001

PARTIES:

Health Service Executive (Cork and Kerry)

and

Larry O'Connor

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Mr Murphy

Worker Member: Mr McCarthy

SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014

SUBJECT:

1 1. Appeal of Adjudication Officer's Decision ADJ-00011108.

BACKGROUND:

2 2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 8(1) of the Terms of Employment (Information) Act 1994. A Labour Court hearing took place on 17 October 2018. The following is the Determination of the Court:-

DETERMINATION:

3 This is an appeal of Adjudication Officer's Decision ADJ-00011108 under the Terms of Employment (Information) Acts, 1994 to 2012 (the Acts) by Mr Larry O'Connor, the Complainant. The Adjudication Officer found that the complaint fell outside the scope of the Acts and therefore was not well-founded.

Complainant's position

4 It is the Complainant's position that he wished to make a complaint in relation to his application to retire on health grounds. The Complainant accepted in the course of the hearing that his complaint did not fall within any of the relevant Sections of the Acts.

Respondent's position

5 It is the position of the Respondent that the Complainant's claim does not fall within the scope of the Acts.

Discussion

6 It is clear to the Court based on the submission made by the Complainant on the day that his complaint does not fall within the scope of the Acts.

7 The Decision of the Adjudication Officer is upheld and the complaint fails.

8 The Court so decides.

Signed on behalf of the Labour Court

Louise O'Donnell

CC______________________

30 October, 2018. Deputy Chairman