ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00060154
Parties:
| Complainant | Respondent |
Parties | Katie McCallan | First Bus Ireland Limited |
Representatives | Did not attend the hearing | Peter Gilfedder, IBEC |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00069911-001 | 11/03/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00069911-002 | 11/03/2025 |
Date of Adjudication Hearing: 19/11/2025
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
Using the WRC’s e-complaint referral system, these complaints were submitted to the WRC on March 11th 2025. In accordance with section 8 of the Unfair Dismissals Act 1977 – 2015 and section 79 of the Employment Equality Acts 1998 - 2015, they were assigned to me by the Director General. A hearing was scheduled for Wednesday, November 19th 2025 at 09.30 and, when the hearing commenced, the complainant, Ms Katie McCallan, was not in attendance. The respondent, First Bus Limited, was represented by Mr Peter Gilfedder of IBEC. Mr Gilfedder was accompanied by Ms Róisín Doherty. Four members of the respondent’s management team attended the hearing to give evidence; Ms Pamela Deery, the operations manager for Northern Ireland, Mr Philip Ellis, head of operations, Mr Martin Harrison, staff manager and Ms Catalina Soto, the internal communications and engagement manager.
The documents on the case file include a copy of a letter dated September 25th 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 November 19th. The email was not returned undelivered and I am satisfied that the letter notifying Ms McCallan of the hearing was sent to the correct email address. I am satisfied therefore, that she 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 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
CA-00069911-001 In the circumstances where the complainant did not attend the hearing and, in the absence of any evidence to the contrary having been adduced before me, I must conclude that this complaint under the Unfair Dismissals Act 1977 – 2015 is not well-founded and I decide accordingly. |
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.
CA-00069911-002 In accordance with Section 79 of the Employment Equality Act, I am obliged to hold a hearing. I am satisfied that, on September 25th 2025, the complainant was notified of the arrangements for the hearing on November 19th 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: 27-11-25
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
The complainant did not attend the hearing. |