Case Number: ADJ-00009074. Workplace Relations Commission.
| Docket Number | ADJ-00009074 |
| Date | 01 November 2020 |
| Year | 2020 |
| Court | Workplace Relations Commission |
Adjudication Reference: ADJ-00009074
Parties:
|
|
Complainant |
Respondent |
|
Anonymised Parties |
A consultant doctor |
A hospital |
|
Representatives |
Tony Kerr, SC instructed by Sherwin O'Riordan Solicitors |
Tom Mallon, BL instructed by Arthur Cox Solicitors |
|
Act |
Complaint Reference No. |
Date of Receipt |
|
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 |
CA-00011898-001 |
14/06/2017 |
|
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 |
CA-00011898-002 |
14/06/2017 |
|
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00011898-003 |
14/06/2017 |
|
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 |
CA-00016519-001 |
22/12/2017 |
|
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 |
CA-00016519-002 |
22/12/2017 |
|
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00016519-003 |
22/12/2017 |
|
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 |
CA-00016519-004 |
22/12/2017 |
|
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 |
CA-00016519-005 |
22/12/2017 |
|
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00016519-006 |
22/12/2017 |
|
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00016519-007 |
22/12/2017 |
Dates of Adjudication Hearing: 11th June 2018, 10th January 2019 and 28th and 29th September 2019
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:On the 14th June 2017, the complainant referred complaints to the Workplace Relations Commission. They were complaints pursuant to the Unfair Dismissals Act, the Protection of Employees (Fixed-Term Work) Act (penalisation) and the Payment of Wages Act. They were assigned references CA-00011898 and are addressed in ADJ-00009074.
On the 19th June 2017, the complainant referred further complaints pursuant to the Protection of Employees (Fixed-Term Work) Act (less favourable treatment, written statement and successive fixed-terms) and the Payment of Wages Act. They were assigned references CA-00011983 and are addressed in ADJ-00009132.
On the 22nd December 2017, the complainant lodged complaints pursuant to the Unfair Dismissals Act, the Payment of Wages Act and the Protection of Employees (Fixed-Term Work) Act (penalisation, less favourable treatment, objective grounds and successive fixed-terms). They were assigned reference CA-00016519 and are addressed in ADJ-00009074.
The complaints were scheduled for adjudication on the 11th June 2018, 10th January 2019 and 28th and 29th September 2019. Tony Kerr, SC instructed by Sherwin O’Riordan solicitors attended for the complainant. The complainant and three witnesses gave evidence for the complainant, including two respondent consultants. The respondent was represented by Tom Mallon, BL, instructed by Arthur Cox solicitors. The Senior Doctor and the HR Manager gave evidence on its behalf.
This case relates to the complainant’s employment relationship with the respondent. The complainant also has an employment relationship with other hospitals, referred to as the ‘other hospital’, the ‘third hospital’ and the ‘fourth hospital’.
I have an obligation in writing these decisions to ensure that they do not contain information that identifies the parties. I have, therefore, not identified the complainant’s speciality or given detail of the services provided by the respondent. I am required to issue separate decisions for each ADJ reference.
In accordance with section 41 of the Workplace Relations Act, 2015 and section 8 of the Unfair Dismissals Acts, 1977 - 2015following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to...
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