EDA2436

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00046303 (CA-00056744-003)

BACKGROUND:

The Employer appealed the decision of the WRC Adjudication Officer under Section 83 (1), Employment Equality Acts, 1998 to 2015 on 23rd November 2023. Labour Court hearings took place on 12th September 2024.

The following is the Determination of the Court:

DETERMINATION:

Introduction

This is an appeal by Coolebridge Ltd (the Respondent) against the Adjudication Officer’s Decision ADJ-00046303 CA-00056744-003 in a complaint of discrimination on the ground of race by Chris Murray (the Complainant). The complaint was made pursuant to the Employment Equality Acts 1998-2015 (the Acts). The Adjudication Officer upheld the complaint and awarded compensation of €3,500.

Background

The Complainant was employed with the Respondent as a general assistant from July 2023. The Complainant lodged his complaints of discrimination on the race ground with the WRC on the 18th May 2023.  The cognisable period for the purpose of the Act therefore is 19th November 2022 to 18th May 2023. The Complainant worked 12 hour shifts at a rate of €12 per hour.

 Preliminary issue

 In response to questions from the Court, the Complainant confirmed that he could not identify a comparator, and that he could not identify acts of discrimination based on his race during the reckonable period.

 The representative for the Respondent made an application that the Complainant had not established a prima facia case and that the Court should consider that as a preliminary issue. The Complainant raised no objection to this.

 The Court having considered the Complainants submission and his oral response to questions posed by the Court at the hearing, finds that the Complainant has failed to identify an act of discrimination linked to his race, or a comparator and therefore his complaint must fail.

Determination

For the reasons set out herein, the Court is satisfied that the Complainant was not discriminated against on the race ground, therefore, his complaint must fail.    The appeal succeeds

The Decision of the Adjudication Officer is set aside.

The Court so determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
ÁM	______________________
16th September 2024	Deputy Chairman

NOTE

Enquiries concerning this Determination should be addressed to Áine Maunsell, Court Secretary.