ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055333
Parties:
| Complainant | Respondent |
Parties | Tomasz Stacharczyk | Lisk Ireland Manufacturing Ltd |
Representatives | No Appearance | Mr. Kevin Feighery, IBEC |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00067394-001 | 14/11/2024 |
Date of Adjudication Hearing: 14/04/2025
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant commenced employment with the Respondent on 15th May 2019. The Complainant was a permanent member of staff, in receipt of an average weekly payment of €520. The Complainant’s contract of employment terminated on 19th October 2024.
On 14th November 2024, the Complainant referred the present complaint to the Commission. A hearing in relation to this matter was convened for, and finalised on, 14th April 2025. This hearing was conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
While the Respondent attended with their representative, there was no appearance by or on behalf of the Complainant. Having reviewed the file, it is apparent that the Complainant was notified of the time, date and venue of the hearing. In the days following the hearing, the Complainant responded to the email inviting him to the hearing. Herein, the Complainant advised that he had issues with his memory and that he did not have possession of a mobile phone on the day in question. In circumstances whereby no application for adjournment was made by the Complainant in advance of the hearing, the hearing was not reconvened. |
Summary of the Complainant’s Case:
The Complainant did not attend the hearing and did not provide any sworn evidence in support of his complaint. |
Summary of the Respondent’s Case:
While the Resspondnet was prepared to meet the complaint referred by the Complainant, they stated that in circumstances whereby he did not attend the hearing, the matter must fail. |
Findings and Conclusions:
In circumstances whereby the Complainant did not provide any sworn evidence in support of his complaint, the matter is deemed to be not well-founded. |
Decision:
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
I find that the Respondent did not discriminate against the Complainant. |
Dated: 10TH July 2025
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance. |