Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

This amendment arose from discussions in this House. Section 43 provides that if a case has been dismissed by an adjudication officer on the grounds that it is frivolous or vexatious, the complainant will have the right to appeal this decision to the Labour Court. The Labour Court, upon hearing an appeal, may affirm the decision of the adjudication officer or annul that decision and refer the complaint back to the adjudication officer concerned for a decision on the complaint or dispute. This amendment inserts a new subsection (4) specifically to cover complaints or disputes which are referred back to the director general by the Labour Court following a successful appeal to it by a complainant whose complaint or dispute was dismissed by an adjudication officer under section 43 (1) as being vexatious. Following the referral of the complaint back to the director general, the case will then be assigned to a different adjudication officer for the hearing. If the first adjudication officer deemed a case to be frivolous or vexatious, when the case is referred back it will not be heard by the same officer. This was an issue of concern raised by Deputy Wallace, who felt the procedure in the original draft of the Bill was unfair.

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