ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050387
Parties:
| Complainant | Respondent |
Anonymised Parties | A Healthcare Worker | A Healthcare Provider |
Representatives | Self-represented | Andrea Tancred IBEC |
Complaint(s):
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-00061885-001 | 01/03/2024 |
Date of Adjudication Hearing: 07/05/2025, 03/06/2025, 30/09/2025
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015following 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. 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 WRC as a body empowered to hold remote hearings. Parties were sworn in at the commencement of the hearing. I have used my discretion to anonymise the names of the parties in the within decision.
Summary of Complainant’s Case:
The Complainant lodged a complaint under the Employment Equality Acts on 1 March 2024 alleging that he was discriminated against by the Respondent on grounds of membership of the Traveller community. The Complainant states that he commenced employment as a healthcare assistant with the Respondent organisation on 3 April 2023. The Complainant states that he was treated less favourably in his working conditions on grounds of his membership of the Traveller community, in that, comments were made about his ethnicity and he felt isolated and found it difficult to work in such a hostile environment. |
Summary of Respondent’s Case:
The Respondent states that the Complainant was employed as a healthcare assistant with the Respondent organisation in April 2023. It states that on 14 November 2024, the Complainant tendered his resignation and advised the company that he was terminating his contract of employment on 30 December 2024. The Respondent disputes the Complainant’s claims of discrimination. The Respondent states that the organisation is committed to promoting and maintaining a workplace environment that celebrates diversity and inclusion. The Respondent refutes the allegations of discrimination and states that there is no basis to the within claim. |
Findings and Conclusions:
A remote hearing took place on 7 May 2025 with all parties in attendance. The Complainant commenced giving his evidence and presenting his case. A further hearing was scheduled on 3 June 2025, however the Complainant contacted the WRC the day before the hearing stating that he had Covid and could not attend the resumed remote hearing. The Respondent together with its witnesses and representative were present at the hearing on 3 June 2025. The hearing was rescheduled for 30 September, 2025 by remote means. On the eve of the hearing the Complainant contacted the WRC to state that he had Covid and would not be in a position to attend the hearing on 30 September; the Respondent together with its witnesses and representative were present at the hearing on 30 September to present their case. The Respondent’s representative highlighted the difficulties the Respondent had given that they had a number of witnesses from the company together with a former employee who had taken time from her job to attend and give evidence and the costs involved in making themselves available for the resumed hearings. I note that the Complainant was requested on a number of occasions to send in medical documentation to the WRC for his non attendance at the hearings, however none was forthcoming. I find that the Complainant’s failure to attend the resumed hearings was unreasonable. In the circumstances, I find that the Complainant has failed to establish a prima facie case of discrimination on grounds of his membership of the Traveller community, accordingly I find that the Complainant was not discriminated against on grounds of his membership of the Traveller community. |
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 Complainant was not discriminated against by the Respondent on grounds of membership of the Traveller community. |
Dated: 15th October 2025.
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Employment Equality Acts, membership of the Traveller community |