EDA2533

ADE/24/29

DETERMINATION  NO.  EDA2533

PARTIES:

DIVISION:

Chairman:	Ms O'Donnell
Employer Member:	Mr Marie
Worker Member:	Ms Treacy

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00041270 (CA-00052371-001)

BACKGROUND:

The Worker appealed the decision of the WRC Adjudication Officer under Section 83 (1), Employment Equality Acts, 1998 to 2015 on 27 February 2024.

A Labour Court hearing took place on 26 March 2025.

The following is the Determination of the Court:

DETERMINATION:

Background to the Appeal

This is an appeal by Ms Nicole Reekie (the Complainant) from decision ADJ-00041270 CA-00052371-001 of an Adjudication Officer, under the Employment Equality Acts 1998 to 2015 in respect of her complaint against her previous employer Llani Limited (the Respondent).  The Court heard the appeal in Cork on 26 March 2025, along with two other appeals ADE/24/28 and PW/24/33.

The Adjudication Officer held that the Complainant had not made out a prima facia case of discrimination on the basis of civil status and that her complaint was not well founded.

The complaint was lodged with the WRC on 23 August 2022. The reckonable period for the purpose of the Act is 24 February 2022 to 23 August 2022. The Complainant was employed with the Respondent from 15 June 2022 to 1 August 2022.

 

 Summary of Complainants submission

The Complainant was not represented and was sworn in at the commencement of the hearing. It was her evidence that she was discriminated against based on her status which is single. migrant and homeless and that she suffered harassment contrary to the Act.  The Complainant stated that at the end of June something happened in the Deli which she described as physical and verbal words. No further details were provided. The Complainant’s submission was 933 individual pages mainly comprised of emails she had sent to the WRC. The Court was not able to extract from that any further details in support of her complaint.  In the course of the hearing the Complainant went to walk out.  The Court took a short adjournment, after which the Complainant came back into the hearing.

 

Summary of Respondents submission

Mr Condon BL on behalf of the Respondent submitted that the facts being relied on by the Complainant do not support a prima facia case of discrimination as defined by section 6 of the Act. The Complainant has failed to identify a comparator or identify less favourable treatment. The Complainant has failed to identify acts of harassment as defined by the Act.   On this basis alone her complaint must fail.

 

Determination

The Court read back to the Complainant in respect of each of her complaints what they understood her complaint to be. Having considered the submissions both written and oral of the parties, the Court determined that the Complainant has not made out a case of harassment on the basis of her civil status. The appeal fails.  The Decision of the Adjudication Officer is upheld

The Court so determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
TH	______________________
28th April 2025	Deputy Chairman

NOTE

Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.