ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055782
Parties:
| Complainant | Respondent |
Parties | Mr. Tomasz Siedlarski | RWL Advanced Solutions Limited |
Representatives | N/A | Mr. Gareth Kyne, Management Support Services (Irl.) Ltd. |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00059680-001 | 30/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00059681-001 | 30/10/2023 |
Date of Adjudication Hearing: 25/02/2025
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
Procedure:
In accordance with section 41 of the Workplace Relations Act 2015 and/or 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.
The matter was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designates the Workplace Relations Commission (the “WRC”) as a body empowered to hold remote hearings.
Mr. Tomasz Siedlarski (the “Complainant”) did not attend the Hearing. Mr. Kevin Quinn attended the Hearing on behalf of RWL Advanced Solutions Limited (the “Respondent”). The Respondent was represented by Mr. Gareth Kyne of Management Support Services (Irl.) Ltd..
Background:
On 30 October 2023, the Complainant filed two Complaint Forms with the WRC in which he alleged, inter alia, that he had been discriminated against by the Respondent.
On 7 January 2025, the Parties were informed of the details of the Hearing to take place on 25 February 2025. The same letter set out the procedure regarding postponement requests.
On 12 February 2025, the Respondent made a postponement request.
On 13 February 2025, the WRC sought the Complainant’s comments in response to the Respondent’s postponement request. The Complainant was informed, inter alia:
“After receipt of your comments, or after expiry of the above deadline for comments, the Workplace Relations Commission will decide on the application to postpone the adjudication hearing and notify you of the decision.
Please note that the case remains scheduled for hearing until we inform you that it has been postponed.”
On 19 February 2025, the Parties were informed that the Respondent’s postponement request had been refused and that the Hearing would proceed as scheduled.
On 20 February 2025, the Complainant was emailed the remote hearing details for the Hearing.
On 20 February 2025, the Complainant emailed the WRC indicating that he had made alternative plans and that he could no longer attend the Hearing.
On 20 February 2025, the WRC responded to the Complainant, stating inter alia:
“I confirm that the Respondent’s postponement request was refused, as stated in the letter issued to you on 19th February.
If you wish to request a postponement you must provide supporting documentation showing your unavailability to attend the hearing on the scheduled date.”
On 21 February 2025, the Respondent filed its submissions with the WRC and copied the Complainant into the covering email.
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Summary of Complainant’s Case:
The Complainant did not attend the Hearing. The WRC called the Complainant who indicated that he could not attend the Hearing as he was at work. |
Summary of Respondent’s Case:
The Respondent attended the Hearing. The Respondent submitted that it was prepared to present its case. The Respondent submitted that as the Complainant had not attended the Hearing, the matter should be dismissed. |
Findings and Conclusions:
On 7 January 2025, the Parties were informed of the details of the Hearing to take place on 25 February 2025. The same letter set out the procedure regarding postponement requests.
On 12 February 2025, the Respondent made a postponement request. On 13 February 2025, the WRC sought the Complainant’s comments in response to the Respondent’s postponement request. The WRC also informed the Complainant that the Hearing remained as scheduled, unless he was informed otherwise by the WRC. On 19 February 2025, the Parties were informed that the Respondent’s postponement request was refused and that the Hearing remained as scheduled.
On 20 February 2025, the Complainant emailed the WRC, indicating that he had made alternative plans and that he could no longer attend the Hearing. That same date, the WRC replied to the Complainant and informed him that if he wished to make a postponement request, he must provide supporting documentation. In the circumstances, I am satisfied that the Complainant was on full notice of the Hearing. The Complainant failed to attend the Hearing as scheduled and failed to present any evidence in support of his two complaints. CA-00059680-001 – Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act 1998: In the circumstances, there is no evidence that the Respondent contravened the Employment Equality Acts 1998 – 2015 as alleged. I find that that the Complainant was not discriminated against and that the complaint is not well founded. CA-00059681-001 – Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act 1998: In the circumstances, there is no evidence that the Respondent contravened the Employment Equality Acts 1998 – 2015 as alleged. I find that that the Complainant was not discriminated against and that the complaint is not well founded. |
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 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-00059680-001 – Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act 1998: For the reasons set out above, I find that the Complainant was not discriminated against and that the complaint is not well founded. CA-00059681-001 – Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act 1998: For the reasons set out above, I find that the Complainant was not discriminated against and that the complaint is not well founded. |
Dated: 26TH of March 2025
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
Key Words:
Employment Equality Acts, 1998 – 2015, Non-attendance. |