WRC to rehear case after judicial review
The Workplace Relations Commission (WRC) is to rehear a case taken by a health-advocacy officer for the Roma community after a judicial review of the initial decision.
The Irish Human Rights and Equality Commission (IHREC) provided legal assistance to Danut Nae in the judicial review of a WRC decision in a complaint under the .
Nae had brought a complaint under the act to the WRC, alleging to have experienced discrimination as a member of the Roma community in a SuperValu store on Talbot Street, Dublin 1.
IHREC says that, on the day of the scheduled hearing, there was no appearance on behalf of Supervalu.
Decision ‘a shock’
Nae provided some evidence to the WRC adjudication officer and understood that a further hearing would be scheduled to take place.
Having been twice informed by the WRC of an adjourned hearing date, Nae was then told that a decision had been made in his case, and that his complaint had not been upheld.
According to IHREC, this came as a shock to Nae, who understood that the case had not finished, and had been adjourned to be heard in full.
With the assistance of the commission, Nae applied for a judicial review of the decision.
‘Wider benefit’
Leave for judicial review was granted on 24 March, and an agreement was then reached between the parties that the WRC decision would be quashed, and the matter remitted back to the WRC for a fresh hearing before a different adjudication officer.
It was agreed that the fresh hearing would be in accordance with Nae’s rights to natural and constitutional justice and fair procedures. An order in those agreed terms was made last month by Ms Justice Bolger in the High Court.
Chief Commissioner Liam Herrick described the settlement as “a welcome development”, adding that he hoped there would be a wider benefit and that other would not find themselves in similar circumstances.