Complainant

Respondent

Parties

Andrei  Charniauski

Eirgrid Plc

Complainant

Respondent

Anonymised Parties

Representatives

Peter Gilfedder                                         IBEC

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-00068403-001

02/01/2025

This hearing was initially (on the 1st of September 2025) to be conducted in person in the Workplace Relations Commission situate in Lansdowne Road, Dublin. On the second day- the 12th of January 2026 – this matter was to be heard remotely. In line with the Supreme Court decision in the constitutional case of Zalewski -v- An Adjudication Officer and the Workplace Relations Commission and Ireland and the Attorney General [2021] IESC 24 (delivered on the 6th of April 2021) the hearing was to be conducted in recognition of the fact that the proceedings constitute the administration of Justice. It was therefore open to members of the public to attend this hearing.

Had evidence been given it would have been in compliance with the Workplace Relations (Miscellaneous Provisions) Act, 2021 which came intoeffecton the 29th of July 2021, and which said legislation accommodates situations where there is the potential for a serious and direct conflict in the evidence between the parties to a complaint. In such circumstances, an oath or an affirmation may be required to be administered to any person giving evidence before me. It is noted that the giving of false statements or evidence is an offence.

The Complaint herein was brought to the attention of the WRC on the 2nd of January 2025 by way of a workplace relations complaint form.

The Complainant did not attend on either of the two dates set aside for the hearing of his complaint. The Complainant was shown some leniency for his non-attendance on the first date of hearing, and a second date was organised. I am satisfied that the Complainant was notified of the date, time and venue for this second (remote) hearing by a letter sent from the WRC - dated the 15th of October 2025 - and emailed to the email address provided by the Complainant on the workplace relations complaint form. The Complainant had specifically agreed to communication by electronic means when filling out his complaint form.

From the Complaint form provided, I have discerned that the Complainant seeks to establish that he was discriminated against by the Respondent employer in the course of his employment and on the grounds of his age.

It is noted that the Complainant specifically asked that an Interpreter be provided by the WRC to assist him with bringing his claim. His non-attendance has  twice given rise to a wasted expenditure.  

The Respondent was represented by the business representative group known as IBEC. The Respondent provided me with a written submissions dated August 29th, 2025. A number of witnesses were also present at both of the the hearing  dates given and were ready to give evidence in response to the Complainant’s complaint.

The Respondent rejects that there has been any discrimination and stood ready to defend itself in the face of the allegations being made.

Having failed to attend the first hearing date given in September of 2025, the Complainant was afforded a further opportunity to have his matter dealt with in January 2026. Letters notifying the parties of the new date went out in October of 2025. An interpreter was organised to assist the Complainant.

Four days before the assigned hearing date the Complainant wrote to the WRC in the following terms:

Hi,

may I please request to rearrange the remote meeting scheduled for Monday 12th of Jan at 11:00am to another date as this date I have an appointment in hospital which I'm waiting over 3 months as there is the queue and I was informed just 6th of January by the hospital that my turn is 12 of January.

Sorry for the inconvenience as this is unexpected circumstances and if I miss the appointment in the hospital it will cause another 3 - 4 months of waiting the next appointment.

Thank you,

As the Adjudicator assigned to hear this matter, I immediately requested sight of the appointment details – redacted as appropriate. I advised that the Complainant his non-attendance would result in a “no show” decision issuing. The Complainant had until close of business on the 9th of January to provide me with the appointment verification. This was not forthcoming, and instead the Complainant sent in a medical cert sent to his Employer certifying him as generally unable to attend work. There is therefore no evidence to suggest that the Complainant had an unmissable medical appointment on the 12th of January 2026 – the hearing date.

The Complainant did not attend. The Respondent witnesses and representation did attend together with the interpreter secured for the Complainant’s benefit.

In the circumstances the Complainant  has not presented to give evidence substantiating the complaints made in the workplace relations complaint form I cannot find in his favour.

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00068403-001  - The Complainant has failed out make out a Prima Facie case of discrimination against the Respondent and the complaint must accordingly fail.