ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056981
Parties:
| Complainant | Respondent |
Parties | Danyla Elizabeth Cardoso Vieira | Spar, Clancy Quay |
| Complainant | Respondent |
Anonymised Parties |
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Representatives |
| Niamh Ní Leathlobhair, BL, instructed by Cullen & Co Solicitors |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 77 of the Employment Equality Act, 1977. | CA-00066873-001 | 20/10/2024 |
Date of Adjudication Hearing: 14/08/2025
Workplace Relations Commission Adjudication Officer: John Harraghy
Procedure:
In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The complainant submitted a complaint to the Workplace Relations Commission on 20/10/2024 in relation to alleged harassment and discrimination. These complaints were submitted under the Equal Status Act, but it is clear from the narrative on the complaint form that the matters relate to the complainant’s employment with he respondent. The complainant was asked by the WRC on 29/10/2024 to clarify whether she wished to pursue a complaint under the Equal Status Act or Employment Equality Act. The complainant did not respond to this request.
The hearing was scheduled for 14/08/2024 at 11.00am in Lansdowne House but there was no appearance by or on behalf of the complainant.
I am satisfied that the Complainant was issued with a letter on 12/06/2025 advising the parties of the date, time and venue of the hearing. The e-mail to the Complainant was the one provided by the Complainant and for which she used for all correspondence with the WRC.
In order to exercise a significant amount of caution I allowed a period of time to elapse before bringing the hearing to a close. There was no further communication received from or on behalf of the Complainant to indicate why she did not attend. The Complainant was also advised of the WRC postponement process on 26/05/2025 but she did not make any such application.
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Summary of Complainant’s Case:
The Complainant did not attend the hearing. No submissions, apart from the complaint form dated 20/10/2024 were received from the Complainant. |
Summary of Respondent’s Case:
The respondent denies the complaint submitted by the complainant. The Respondent provided a written submission in advance of the hearing. The Respondent’s representative and number of witnesses attended and were prepared to give evidence in relation to this complaint. |
Findings and Conclusions:
I am satisfied that the Complainant was properly notified of the hearing arrangements. I find that her non-attendance at the hearing, without any notification, to pursue this complaint to be unreasonable. In the absence of any evidence proffered by or on behalf of the Complainant seeking adjudication by the Workplace Relations Commission under Section 77 of the Employment Equality Act, 1998, I find this complaint is not well-founded. |
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.
For the reasons set out above, I find that the Complainant was not discriminated against and that this complaint is not well founded. |
Dated: 01-09-2025
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Did not attend. |