EDA262

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00030808 (CA-00041129-001)

BACKGROUND:

The Employer appealed the decision of the WRC Adjudication Officer under Section 83 (1), Employment Equality Acts, 1998 to 2015 on 10th June 2024.

Labour Court hearings took place on 13th February 2026.

The following is the Determination of the Court:

DECISION:

Background to the Appeal

This is an appeal on behalf of the Irish Prison Service (‘the Respondent’) from a decision of an Adjudication Officer (ADJ-0030808, dated 1 May 2024) under the Employment Equality Act 1998 (‘the Act’). Notice of Appeal was received in the Court on 10 June 2024.

Case Management Conference

In circumstances where Mr Mark Mulhall’s (‘the Complainant’) representatives had raised an issue as to the Court’s jurisdiction to hear an appeal in this matter, the Court invited the parties to attend a case management conference on 13 February 2026, in a virtual courtroom. At the conference, Ms McKenna SC informed the Court that while the Respondent was not going to withdraw the appeal, it was not the Complainant’s intention to contest the appeal. The Complainant, she told the Court, accepted, therefore, that the Court could proceed to decide the appeal in the Respondent’s favour and set aside the decision of the Adjudication Officer pursuant to section 83(1) of the Act. Mr McGreal BL for the Complainant consented.

Determination

The Court, therefore, having regard to the mutually agreed position of the parties finds in the Respondent’s favour and directs that the decision of the Adjudication Officer be set aside.

The Court so determines.

	Signed on behalf of the Labour Court
	Alan Haugh
JNF	______________________
04/03/2026	Deputy Chairman

NOTE

Enquiries concerning this Determination should be in writing and addressed to Julie Nicholl- Flood, Court Secretary.