ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053748
Parties:
| Complainant | Respondent |
Parties | Kelly Joyce | Commiskeys Bar And Restaurant, Blackhorse Ave |
Representatives | Eamonn O'Hanrahan of E.M. O'Hanrahan Solicitors |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00065594-001 | 25/08/2024 |
Date of Adjudication Hearing: 06/02/2025
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 25 of the Equal Status Act, 2000 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant submitted a complaint alleging she was discriminated against by the Respondent’s employees on the 30th of June 2024 at the Respondent’s premises. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing. Her solicitor did and submitted that she is not a legal person and was unaware she needed to attend and requested that the matter be adjourned. |
Summary of Respondent’s Case:
Four employees of the Respondent attended the hearing. They dispute the Complainant’s allegations entirely and requested that the case be dismissed on the basis of her non-attendance. They submitted written statements in advance and were prepared to give evidence. |
Findings and Conclusions:
The Complainant did not attend the hearing. She was represented and her representative was notified of the hearing in advance. Mr O’Hanrahan was apologetic on his client’s behalf and explained her position that she did not understand her need to be here for the case to proceed. Despite his efforts I am not satisfied there is sufficient reason for the Complainant not to attend and prosecute her case. I note that the Respondent’s management team attended fully prepared to defend the case. In the circumstances I do not think it would be fair to simply adjourn the matter for another day. In the circumstances the complaint fails. |
Decision:
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
I find that the complaint is not well founded. |
Dated: 7th February 2025
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
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