ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056985
Parties:
| Complainant | Respondent |
Parties | Guirges Salib | Wingilt Limited t/a Flatley Engineering |
Representatives | Self-represented | Leahy Reidy Solicitors LLP |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 21 Equal Status Act 2000 | CA-00068880-001 | 28/01/2025 |
Date of Adjudication Hearing: 19/08/2025
Workplace Relations Commission Adjudication Officer: Kara Turner
Procedure & Background:
In accordance with section 25 of the Equal Status Act 2000-2015, following the referral of the case to me by the Director General, I inquired into the case and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the claims.
This case under the Equal Status Acts was referred to the Commission on 28 January 2025. Two days later, following a validation check communication from the Commission, a second case was referred under the Employment Equality Acts 1998-2015 (ADJ-00056661).
Both cases were assigned to me for adjudication, and a hearing was held on 19 August 2025. The hearing was held in public and there were no special circumstances warranting otherwise, or the anonymisation of this decision.
The cases were grounded on the same factual matrix and there was no distinction in how the respective claims were pursued at hearing. For that reason, I refer to ADJ-00056661 in parts of this decision in the interests of efficiency.
This is the decision in relation to the case referred under the Equal Status Acts.
Summary of Complainant’s Case:
A summary of the complainant’s case is set out in the decision bearing file reference ADJ-00056661. |
Summary of Respondent’s Case:
A summary of the respondent’s case is set out in the decision bearing file reference ADJ-00056661. |
Findings and Conclusions:
Having regard to the evidence, and how the claims were pursued both in written submissions and at the hearing, I am satisfied that the within claims were submitted incorrectly under the Equal Status Acts. The matters complained of relate to the complainant’s employment with the respondent and, as such, are not properly for consideration under the Equal Status Acts 2000-2015, the purpose of which is to prohibit discrimination and other behaviours in connection with the disposal of goods, provision of services and related activities. Accordingly, I find that the claims referred under the Equal Status Acts against the respondent are misconceived and not well founded. |
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.
For the reasons set out above, my decision is that the claims against the respondent under the Equal Status Acts 2000-2015 are misconceived. I therefore find that the claims are not well founded. |
Dated: 10-11-25
Workplace Relations Commission Adjudication Officer: Kara Turner
Key Words:
Equal Status Acts - Claims relating to employment – Misconceived |