A Workplace Relations Commission (WRC) adjudicator has launched his own WRC case against the State, alleging he suffered “mistreatment” for acting as a staff representative as well as gender-related discrimination.
Séamus Clinton has filed a series of complaints under the Employment Equality Act 1998, the Protection of Employees (Provision of Information and Consultation) Act 2006, and the Protected Disclosures Act 2014 against the Department of Enterprise, Tourism and Employment.
A brief preliminary hearing at Lansdowne House in Dublin on Friday morning – the last day this year for rights hearings at the WRC – was told the dispute arose in connection with “a competition issue”.
Mr Clinton, a former trade union official, was appointed to the WRC in 2022. He mainly presides over employment rights disputes, discrimination claims and industrial relations matters at the hearing rooms in the commission’s national headquarters in Carlow.
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Stephen Hanaphy BL, instructed by Emmet Hayes of the Chief State Solicitor’s Office, sought an adjournment so that submissions filed on Wednesday on behalf of Mr Clinton could be considered.
This was in light of the “relatively unique nature of the case; the bare-bones nature of the original complaint, and the drastically enhanced version of the claim as ventilated in the written submissions”, counsel said.
Michael Kinsley BL, for the complainant, instructed by O’Meara Geraghty McCourt solicitors, said his side was consenting to the adjournment application.
Mr Clinton had originally raised a complaint of discrimination on the grounds of age as well as gender, and had identified the Department of Public Expenditure as a second respondent, the tribunal heard.
Mr Kinsley confirmed there was “no longer an age discrimination claim” or a claim against the department. “We’re focusing on the ground of gender,” he said.
The presiding adjudicator, Brian Dalton, said it seemed there had been “an increment” at issue. Mr Kinsley said there had been “a competition issue”. He said this was linked to alleged “victimisation”, a separate head of claim under the workplace equality legislation.
Counsel said the statutory complaint of whistleblower penalisation under the Protected Disclosures Act 2014 was “based on the same mistreatment”.
The last complaint, under the Protection of Employees (Information and Consultation) 2006, invoked the protections from penalisation afforded to a worker acting as a staff representative, Mr Kinsley said. “The facts of penalisation are again the same,” he added.
Mr Kinsley said he would be calling Mr Clinton and three supporting witnesses to testify. Mr Hanaphy said he would be calling the head of human resources at the Department of Enterprise, Pat Phelan, but added that he might call additional witnesses.
Mr Dalton has given the parties until the end of January to make further legal filings, with a view to having the matter listed for hearing towards the end of February.
“I can’t guarantee it, but I’ll do my best,” Mr Dalton added.
