EDA2130

FULL RECOMMENDATION

SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2015

PARTIES :

R & B BURKE CATERING SERVIES LTD
(REPRESENTED BY PENINSULA GROUP LTD)

- AND -

CHRISTINA OGLESBY
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

1. An Appeal of an Adjudication Officer's Decision No(s) ADJ-00021283 CA-00027828-001


BACKGROUND:

2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court. A Labour Court hearing took place on 27 July 2021.
The following is the Court's Determination:-

DETERMINATION :

This is an appeal by Christina Oglesby (the Complainant) against the Decision of an Adjudication Officer in her complaint against her then employer R& B Burke Catering Services (the Respondent). The complaint was made pursuant to the Employment Equality Acts 1998-2015 (the Act) on the grounds of victimisation for raising a complaint of discrimination under the Act. The Adjudication Officer did not uphold the complaint.

At the commencement of the hearing the Court sought clarification as to whether the fact of the Complainant having a disability was in dispute and the Court was advised that it was not. The Complainant lodged her complaint with the WRC on the 29^th March 2019 .

Summary of Complainant’s submission.

The Complainant contends that she was victimised by the Respondent when he travelled on holidays on the same flight and stayed in the same apartments as she did. The Complainant submitted that the Respondent spoke to her and that she believed that was victimisation. The Complainant accepted that she was absent form work on sick leave when she travelled. The Complainant also accepted that she had not told the Respondent about her travel plans but she had told his son.

Summary of the Respondent’s submission.

The Respondent confirmed that he saw the Complainant in the bar and said hello to her. The Respondent also submitted that he was not aware that she was going to be on the same flight and staying in the same location as he was.

Discussion

The Complainant has not put forward any evidence to support her contention that the Respondent deliberately made the same travel arrangements. The Complainant has not established a prima facie case and therefore her complaint must fail.

The appeal fails

The decision of the Adjudication Officer is upheld.

	Signed on behalf of the Labour Court
	Louise O'Donnell
DC	______________________
6 September 2021	Deputy Chairman