ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00058160
Parties:
| Complainant | Respondent |
Parties | Cristina Bargan | Salons Expert Limited t/a L'Ombre Hair And Beauty |
Representatives | None in attendance | Company director |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 30 and 31 of the Maternity Protection Act 1994 | CA-00070622-001 | 07/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act 1998 | CA-00070622-002 | 07/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act 1998 | CA-00070622-003 | 07/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 12 of the Minimum Notice & Terms of Employment Act 1973 | CA-00070622-004 | 07/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act 1997 | CA-00070622-005 | 07/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act 1997 | CA-00070622-006 | 07/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act 1997 | CA-00070622-007 | 07/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act 1997 | CA-00070622-008 | 07/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act 1991 | CA-00070622-009 | 07/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 8 of the Unfair Dismissals Act 1977 | CA-00070622-010 | 07/04/2025 |
Date of Adjudication Hearing: 25/11/2025
Workplace Relations Commission Adjudication Officer: Kara Turner
Procedure:
In accordance with section 41 of the Workplace Relations Act 2015, section 8 of the Unfair Dismissals Acts 1977 - 2015,and section 79 of the Employment Equality Acts 1998 - 2015, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
Various complaints against the respondent were referred to the Commission on 7 April 2025.
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Summary of Complainant’s Case:
No submissions were received by or on behalf of the complainant following the referral of the complaints, and the complainant did not attend the hearing arranged for adjudication. |
Summary of Respondent’s Case:
The respondent fully disputed the complaints referred against it. Written submissions on behalf of the respondent were received in advance of the hearing, and a company director, prepared to defend the complaints, attended the hearing on behalf of the respondent. |
Findings and Conclusions:
On 7 April 2025, the complainant referred to the Commission various employment-related complaints against the respondent. The complainant provided details of a legal representative and indicated that communications were to issue to that representative. Notice of the hearing arrangements issued to the legal representative on 25 September 2025. The respondent submitted its written submissions and supporting documentation in relation to the case file on 31 October 2025, and the Commission exchanged same with the complainant’s representative. Neither the complainant nor a representative attended the hearing arranged for 25 November 2025. I allowed some time for any delay on the part of the complainant and closed the hearing after efforts made to contact the complainant were unsuccessful. The complainant did not contact the Commission to advise of any difficulty on her part in attending the hearing on 25 November 2025, or to inform the Commission that she would not be attending. As of the date of this decision, there has been no contact with the Commission by or on behalf of the complainant in relation to the hearing date or in furtherance of the complaints. This was one of three adjudication files in which the complainant was involved, which files were joined as requested. I am satisfied that the complainant was notified of the hearing arrangements in accordance with the contact information provided. There is no information before me to explain the complainant’s non-attendance or her failure to contact the Commission regarding the hearing. In the circumstances, and in the absence of any evidence to the contrary, I must conclude that the complaints against the respondent are not well founded, and I decide accordingly. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 8 of the Unfair Dismissals Acts 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 79 of the Employment Equality Acts 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
CA-00070622-001 For the reasons set out above, my decision in relation to this dispute under the Maternity Protection Act 1994, as amended, is not in favour of the complainant. I find that the dispute is not well founded. CA-00070622-002 For the reasons set out above, I decide that the complainant was not discriminated against and that the claim referred against the respondent under the Employment Equality Act 1998, as amended, is not well founded. CA-00070622-003 For the reasons set out above, I decide that the complainant was not discriminated against and that the claim referred against the respondent under the Employment Equality Act 1998, as amended, is not well founded. CA-00070622-004 For the reasons set out above, my decision is that the complaint of a contravention of the Minimum Notice and Terms of Employment Act 1973, as amended, is not well-founded and that the respondent did not contravene the Act in relation to the complainant. CA-00070622-005 For the reasons set out above, my decision in relation to this complaint of a contravention of the Organisation of Working Time Act 1997, as amended, is that the complaint is not well founded. CA-00070622-006 For the reasons set out above, my decision in relation to this complaint of a contravention of the Organisation of Working Time Act 1997, as amended, is that the complaint is not well founded. CA-00070622-007 For the reasons set out above, my decision in relation to this complaint of a contravention of the Organisation of Working Time Act 1997, as amended, is that the complaint is not well founded. CA-00070622-008 For the reasons set out above, my decision in relation to this complaint of a contravention of the Organisation of Working Time Act 1997, as amended, is that the complaint is not well founded. CA-00070622-009 For the reasons set out above, my decision in relation to the complaint of a contravention of the Payment of Wages Act 1991 is that the complaint is not well founded. CA-00070622-010 For the reasons set out above, my decision is that the complainant was not unfairly dismissed. |
Dated: 10th December 2025.
Workplace Relations Commission Adjudication Officer: Kara Turner
Key Words:
Various complaints – Complainant did not attend adjudication hearing |