ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054628
Parties:
| Complainant | Respondent |
Parties | Nadine Lattimore | Tesco Ireland Ltd 19542 |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
| Mr. Micheal Kinsley, BL instructed by J.Curran & C Shiel, Mason Hayes & Curran LLP |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00066753-001 | 17/10/2024 |
Date of Adjudication Hearing: 19/06/2025
Workplace Relations Commission Adjudication Officer: Patricia Owens
Procedure:
On 17 October 2024 the Complainant referred a complaint to the Workplace Relations Commission pursuant to Section 21 of the Equal Status Act, 2000. (CA-00066753-001)
In accordance with Section 25 of the Equal Status Act, 2000, and following referral of the matters to me by the Director General, hearings were scheduled on 7 May 2025 and 19 June 2025, at which time I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
The Complainant attended and was unaccompanied at the hearings
The Respondent was represented at hearing by Mr. Michael Kinsley, BL, instructed by Fieldfisher solicitors, Ms. Judith Curran (7 May) and C Sheil, (19 June). Ms. A Smyth, Legal Executive, Tesco Ireland, Ms. Paula Geraghty, Store Manager, Parnell St, Ms. M Power, Deputy Manager, Parnell St., Ms. M Collins, Line Manager, Parnell St, Mr. M Mr. M Shakeel, Deputy Manager, Adamstown, Mr. G Jundulas, Store Manager, Spencer Dock and Mr. M Kozacui, from OCS attended on behalf of the Respondent.
In deference to the Supreme Court ruling, Zalewski V Ireland and the WRC [2021] IESC 24, the parties were informed in advance that the hearing would normally be in public, testimony under oath or affirmation would be required and full cross examination of all witnesses would be provided for. At hearing the required affirmation/oath was administered to all witnesses giving testimony to the hearing and the legal perils of committing perjury were explained to all parties.
Background:
The Complainant attended the premises of the Respondent at Adamstown on 3 June 2024, the premises at Spencer Dock on 16 July 2024 and the premises at Parnell St., Dublin on 16 July 2024 at which time she alleged she was treated unlawfully by the Respondent by discriminating against her right to access goods, services or facilities.
The Respondent denied the allegations and instead submitted that it made respectful enquiries regarding the status of the dog accompanying the Complainant, that such enquiry was not unlawful discrimination under the ESA 2000 and that the Complainant was not prevented from obtaining the goods and services made available by the Respondent.
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Summary of Complainant’s Case:
This complaint is a duplicate of a complaint lodged under ADJ 00050597, CA- 000664671-001.
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Summary of Respondent’s Case:
This complaint is a duplicate of a complaint lodged under ADJ 00050597, CA- 000664671-001.
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Findings and Conclusions:
This complaint is a duplicate of a complaint lodged under ADJ 00050597, CA- 000664671-001 and so there are no findings in this matter.
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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.
This complaint is a duplicate of a complaint lodged under ADJ 00050597, CA- 000664671-001 and my decision is detailed under that adjudication number. There is no separate decision in this matter.
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Dated: 8th October 2025
Workplace Relations Commission Adjudication Officer: Patricia Owens
Key Words:
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