ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00060965
Parties:
| Complainant | Respondent |
Parties | Dagnis Nikovskis | Gowan Auto Limited |
Representatives | Did not attend | Owen Keany, BL Instructed by Ciara O'Kennedy Byrne Wallace Shields 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-00073750-001 | 25/07/2025 |
Date of Adjudication Hearing: 21/01/2026
Workplace Relations Commission Adjudication Officer: John Harraghy
Procedure:
In accordance with Section 25 of the Equal Status Act, 2000, 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.
The hearing was scheduled for 21/01/2026 in Lansdowne House. There was no appearance by or on behalf of the Complainant.
I am satisfied that the Complainant 19/10/2025 advising him 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 he did not attend. The Complainant was advised of the WRC postponement process on 19/10/2025 but he did not make any such application.
Background:
The Complainant submitted a complaint to the Workplace Relations Commission on 25/07/2025 alleging that he had been discriminated against by the Respondent in relation to the provision of goods/services by reason of his gender, civil status, family status, sexual orientation, religion, race, age, disability, housing assistance and membership of the travelling community. No further particulars were provided and when requested by the WRC to submit a copy of the ES1 form he failed to do so.
A hearing was scheduled for 21st January 2026 in Lansdowne House. The Complainant was on notice of this hearing. There was no appearance by or on behalf of the Complainant and there was no subsequent contact to explain his non-attendance.
The Respondent, its legal representatives and witnesses were in attendance. The Respondent submits that there is no basis to ground a claim under the 2000 Act and the Complainant has not established a prima facia case of discrimination.
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Summary of Complainant’s Case:
The Complainant or a representative on his behalf did not attend the hearing. |
Summary of Respondent’s Case:
The Respondent, its legal representatives and witnesses were in attendance. The Respondent submits that there is no basis to ground a claim under the 2000 Act and the Complainant has not established a prima facia case of discrimination. |
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 21 of the Equal Status Act, 2000 I find this complaint is not well-founded. |
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.
For the reasons set out above, I find that the Complainant was not discriminated against and that this complaint is not well founded. |
Dated: 25-02-2026
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Non attendance |