ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057240
Parties:
| Complainant | Respondent |
Parties | Chloe Long | Harkins Bar & Bistro |
Representatives | Did not attend the hearing | Represented by Management |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00069542-002 | 25/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00069542-003 | 25/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00069542-005 | 25/02/2025 |
Date of Adjudication Hearing: 21/07/2025
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
Using the WRC’s e-complaint referral system, these complaints were submitted to the WRC at 2.20am on February 25th 2025. In accordance with section 41 of the Workplace Relations Act and section 79 of the Employment Equality Acts 1998 - 2015, they were assigned to me by the Director General. A hearing was scheduled for Monday, July 21st 2025 at 9.30am and, when the hearing commenced, the complainant was not in attendance. Her former employer, Harkin’s Bar and Bistro, was represented by the managing director, Mr Stephen Harkin, a co-director, Ms Ciara Gahan and a manager, Ms Christina West.
Although the complainant did not send a submission and provided no particulars in relation to her complaints, Mr Harkin submitted a comprehensive document setting out the respondent’s position with regard to the complainant’s claim that she was discriminated against, that she did not receive a statement of her terms and conditions of employment and that she did not get breaks at work.
The documents on the case file include a copy of a letter dated May 28th 2025 which was sent to the complainant by email to the email address she provided on her complaint form. The purpose of the letter was to notify her of the date and time of the hearing on July 21st. I am satisfied therefore, that the complainant had seven weeks’ notice of the hearing and, in the absence of any explanation for not attending, I have decided to conclude my investigation and close this file.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00069542-002 and CA-00069542-003 In the circumstances where the complainant did not attend the hearing and, in the absence of any evidence to the contrary having been presented, I must conclude that these complaints are not well-founded and I decide accordingly. |
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 and
CA-00069542-005 In accordance with Section 79 of the Employment Equality Act, I am obliged to hold a hearing. I am satisfied that the complainant was notified of the arrangements for the hearing on July 21st 2025, and I find that her failure to attend was unreasonable. In these circumstances, any obligation to pursue an investigation in accordance with section 79 of the Act has ceased. As the complainant did not attend the hearing to present evidence in support of her allegations of discrimination, I conclude the investigation and find against her. |
Dated: 28-07-25
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Complainant did not attend the hearing. |