ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00060844
Parties:
| Complainant | Respondent |
Parties | Gareth McDonald | Actavo |
Representatives | Did not attend the hearing | Andrea Tancred, IBEC |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 86 of the Employment Equality Act, 1998 | CA-00073621-002 | 21/07/2025 |
Date of Adjudication Hearing: 23/02/2026
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
Using the WRC’s e-complaint referral system, this complaint was submitted to the WRC on July 21st 2025. In accordance section 79 of the Employment Equality Acts 1998 - 2015, it was assigned to me by the Director General. A hearing was scheduled for Monday, February 23rd 2026 at 09.30am and, when the hearing commenced, the complainant, Mr Gareth McDonald, was not in attendance.
The respondent, Actavo, was represented by Ms Andra Tancred of IBEC. Four members of the respondent’s management team attended the hearing to give evidence; the group legal director, Ms Lucinda Sibson, the area manager, Mr John Hughes, the head of operations, Ms Katie-Ann Grendon and the HR business partner, Ms Deirdre Lyster.
The documents on the case file include a copy of a letter dated December 12th 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 February 23rd 2026. 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 six 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
In accordance with Section 79 of the Employment Equality Act, I am obliged to hold a hearing. I am satisfied that, on December 12th 2025, the complainant was notified of the arrangements for the hearing on February 23rd 2026, 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. |
Dated: 9th March 2026
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
The complainant did not attend the hearing. |