ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057122
Parties:
| Complainant | Respondent |
Parties | Abdurrahim Cakan | Pattina Products Limited |
Representatives | Did not attend the hearing | Dominic Wilkinson BL |
Complaints:
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-00069390-001 | 19/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Paternity Leave and Benefit Act, 2016 | CA-00069390-003 | 19/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Schedule 6 of the Consumer Protection Act, 2007 | CA-00069390-004 | 19/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 18 of the Parental Leave Act 1998 | CA-00069390-005 | 19/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Paternity Leave and Benefit Act, 2016 | CA-00069390-006 | 19/02/2025 |
Date of Adjudication Hearing: 20/10/2025
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
Using the WRC’s e-complaint referral system, these complaints were submitted to the WRC at 2.50am on February 2nd 2025. In accordance with section 41 of the Workplace Relations Act and section 79 of the Employment Equality Acts 1998 - 2015, they were assigned to me by the Director General. A hearing was scheduled for Monday, October 20th 2025 at 10.00am and, when the hearing commenced, the complainant, Mr Abdurrahin Cakan, was not in attendance. The respondent, Pattina Products Limited, was represented by Mr Dominic Wilkinson BL, instructed by Ms Paula Walsh of ARAG. Ms Walsh was accompanied by Ms Holly Smith. A Turkish interpreter, Ms Insaf Yalcinkaya, attended to assist the complainant. Four members of the respondent’s management team attended the hearing to give evidence; operations consultants, Ms Monika Dzwigal and Ms Kamila Jansova, and business managers, Ms Kristina Livamcic and Ms Natalya Slowik.
The documents on the case file include a copy of a letter dated August 14th 2025 which was sent to the complainant by email to the email address he provided on his complaint form. The purpose of the letter was to notify him of the date and time of the hearing on October 20th. I understand from the information on the complainant’s e-complaint form that he preferred communications to be sent by email and I am satisfied that the letter notifying him of the hearing was sent to the correct email address. I am satisfied therefore, that the complainant had nine 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 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 and
CA-00069390-001 In accordance with Section 79 of the Employment Equality Act, I am obliged to hold a hearing. I am satisfied that, on August 14th 2025, the complainant was notified of the arrangements for the hearing on October 20th and I find that his 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 his allegations of discrimination, I conclude the investigation and find against him. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00069390-003, CA-00069390-004, CA-00069390-005 and CA-00069390-006 In the circumstances where the complainant did not attend the hearing and, in the absence of any evidence to the contrary having been presented, I must conclude that these complaints are not well-founded and I decide accordingly. |
Dated: 29th October 2025.
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
The complainant did not attend the hearing. |
