ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00058174

Parties:

	Complainant	Respondent
Anonymised Parties	A Complainant	A Respondent

Representatives

Caitriona Montague Alastair Purdy LLP

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, 1998	CA-00070091-001	19/03/2025

Date of Adjudication Hearing: 23/10/2025

Workplace Relations Commission Adjudication Officer: Roger McGrath

Procedure:

In accordance with Section 79 of the Employment Equality Acts, 1998 - 2015, following 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.

A hearing on the above matter took place 23 October 2025 by way of remote hearing 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.

I ended the hearing before any matters of substance were ventilated. I ended the hearing because of my concerns about the Complainant’s demeanour and behaviour during the opening minutes of the hearing.

Having considered the matter and in light of communications I received from the Complainant after the hearing, I decided to dispose of the case on written submissions only as per s.47 of the Workplace Relations Act, 2015. Both parties were informed of my decision by correspondence dated 7 November 2025. The parties were given 42 days from the date of the letter to object to the case being dealt with in this manner. No objections were received.

Anonymisation

Section 41 of the Workplace Relations Act, 2015 states:

(14) (a) Subject to paragraph (b), the Commission shall publish on the internet in such form and in such manner as it considers appropriate every decision of an adjudication officer under this section.

(b) In publishing a decision under paragraph (a), an adjudication officer may determine that, due to the existence of special circumstances, information that would identify the parties in relation to whom the decision was made should not be published by the Commission.

I believe there to be the existence special circumstances in this case and therefore, I have decided to anonymise the parties.

Background:

The Complainant commenced employment with the Respondent in 2008. His employment ended on 4 December 2024.

Preliminary Point

The Respondent submits that the Complainant has lodged two claims relating to his dismissal one under section 77 of the Employment Equality Act, 1998 and another under section 8 of the Unfair Dismissals Act, 1977.

The Respondent submits that has failed to elect which case he is proceeding with and thus, pursuant to Section 101 (4A) of the Employment Equality Act, the claim he lodged under that act must be deemed to be withdrawn and the Complainant can only proceed with the claim lodged under the Unfair Dismissals Act.

Findings and Conclusions on the Preliminary Point:

Section 101 (4A) of the Employment Equality Act states:

(4A) (a) Where an employee refers-

(i) A case or claim under section 77, and

(ii) (ii) a claim for redress under the Act of 1977,

To the Director General of the Workplace Relations Commission in respect of a dismissal, then, from the relevant date, the case or claim referred to in subparagraph (i) shall, in so far as it relates to such dismissal, be deemed to have been withdrawn, unless, before the relevant date, the employee withdraws the claim under the Act of 1977.

The Complainant submitted two complaints relating to his dismissal, one under the Employment Equality Act and one under the Unfair Dismissals Act. He did not elect which case he was proceeding with and therefore his complaint under the Employment Equality Act must be deemed to be withdrawn.

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.

This complaint is deemed to be withdrawn.

Dated: 13-04-26

Workplace Relations Commission Adjudication Officer: Roger McGrath

Key Words: