ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046762
Parties:
| Complainant | Respondent |
Parties | Celine Donovan | Sheerwater Hotel |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Aran Grealish BL instructed by Silke and Company Solicitors |
|
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00057467-001 | 29/06/2023 |
Date of Adjudication Hearing: 17/01/2025, 31/01/2025
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000following 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. Parties were advised in advance of the hearing that following the delivery of a judgement of the Supreme Court in Zalewski v Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 that the hearing would be held in public, that an Adjudication Officer may take evidence under oath or affirmation and reminded that cross examination was permitted. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings. Where submissions were received, they were exchanged. The complainant did not attend and in attendance for the respondent was Ms Deirdre Neill HR Manager and Mr Jerry Power Group General Manager of CP Leisure Ltd, Mr Martin Higgins Chairperson of the Sunday Club and Mr Brian Jordan Director Made of Gold Entertainment also were in attendance,
Background:
The complainant did not attend the hearing and the complainant submitted on her complaint form that she was discriminated against for her membership of the Travelling community. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. Her representative advised that he was not able explain her absence.
The complainant’s complaint form submitted that she had been refused membership to an event and this was because of her membership of the traveller community. |
Summary of Respondent’s Case:
The respondent denied the claim and submitted that they were not the correctly named respondent. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the complainant on 29/06/2023 alleging contravention of the Acts. The said complaint was referred to me for investigation. A hearing for that purpose was held 17/01/2025, 31/01/2025 and there was no appearance by the complainant. The complainant’s representative did attend and submitted that there was no appearance by the complainant and that no adjournment was sought. I am satisfied that the said complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held and did not attend.
In the circumstances, I find that the complainant has not established a prima facia case of discrimination and I find that the respondent has not engaged in prohibited conduct and I dismiss the complaint. |
Decision:
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
I find that the complainant has not established a prima facia case of discrimination and I find that the respondent has not engaged in prohibited conduct and I dismiss the complaint. |
Dated: 17th of June 2025
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Equal status, discrimination, complainant did not attend |