EDA2572

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00050296 (CA-00061573-001)

BACKGROUND:

The Worker appealed the decision of the WRC Adjudication Officer under Section 83 (1), Employment Equality Acts, 1998 to 2015 on 9 October 2024. A Labour Court hearing took place on 18 September 2025.

The following is the Determination of the Court:-

DETERMINATION:

Background to the Appeal

This is an appeal by Ms Oxana Bolshanina (the Complainant) from decision ADJ-00050296 CA-00061573-001 of an Adjudication Officer, under the Employment Equality Acts 1998 to 2015 in respect of her complaint against her previous employer Scooters Montessori Creche (the Respondent).  The Court heard the appeal in Donegal on 18 September 2025.

The Adjudication Officer held that the Complainant had not been discriminated against.

 The complaint was lodged with the WRC on 18 January 2024. The reckonable period for the purpose of the Act is 19 July 2023 to 18 January 2024. The Complainant was employed with the Respondent from 7 May 2023 to 1 March 2024.

 Summary of Complainants submission

The Complainant had a short-written submission and made oral submissions on the day. She stated that she was discriminated against on the age ground and race ground. She confirmed that she was 53 and submitted that another worker who was aged 60 used her age against her and did not treat her properly. The Complainant could not identify how she was treated less favourably by the Respondent than other employees, or how that less favourable treatment was linked to her age. The Complainant’s second complaint was that she was discriminated against on the race ground. She confirmed that she was Russian and that she had no comparator. Her complaint was that she was treated differently in that when she was sick the Respondent visited her in the emergency department and spoke to her about disability benefit. She stated that the Respondent raised issues with her about her qualifications, she felt these were examples of the issues she encountered and were linked to her race.

Summary of Respondents submission

The Respondent submitted that the facts being relied on by the Complainant do not support a prima facia case of discrimination as defined by section 6 of the Act. The Complainant has failed to identify a comparator or identify less favourable treatment in respect of either of the grounds being relied on.  The Respondent acknowledges that she visited the Complaint in hospital they discussed the possibility of the Complainant doing a three-day week until she recovered and the Respondent offered her a lift home which she declined as she had other arrangements.  The issue with the qualifications related to Core funding not accepting her qualifications but when she forwarded additional documentation the issue was resolved.

Determination

The Court read back to the Complainant in respect of each of her complaints what they understood her complaint to be. Having considered the submissions both written and oral of the parties, the Court determined that the Complainant has not made out a prima facie case of discrimination on the basis of age or race and therefore her appeal fails.  The Decision of the Adjudication Officer is upheld

The Court so determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
CC	______________________
21 October 2025	Deputy Chairman

NOTE

Enquiries concerning this Determination should be addressed to Ms Ceola Cronin, Court Secretary.