Workplace Relations Act 2015
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Dismissal of claim by adjudication officer | ||
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42. (1) An adjudication officer may, at any time, dismiss a complaint or dispute referred to him or her under section 41 if he or she is of the opinion that it is frivolous or vexatious. | ||
(2) (a) A person whose complaint or dispute is dismissed in accordance with this section may, not later than 42 days from its dismissal, appeal the dismissal to the Labour Court. | ||
(b) A person shall, when bringing an appeal under this subsection, give notice to the Commission in writing of the bringing of the appeal. | ||
(c) A notice referred to in paragraph (b) shall specify the grounds upon which the appeal is brought. | ||
(3) Upon the hearing of an appeal under this section, the Labour Court may— | ||
(a) affirm the decision of the adjudication officer dismissing the complaint or dispute concerned, or | ||
(b) annul that decision and refer the complaint or dispute to the Director General. |