The Irish Human Rights and Equality Commission (“the Commission”) has provided legal assistance to a person in respect of the Judicial Review of a decision made by the Workplace Relations Commission (“the WRC”) in a complaint under the Equal Status Act 2000 (“ESA”).
Mr Danut Nae, a health advocacy officer for the Roma Community, brought a complaint under the ESA to the WRC, alleging to have experienced discrimination as a member of the Roma Community, in a SuperValu store on Talbot Street, Dublin 1.
On the day of the scheduled hearing, there was no appearance on behalf of Supervalu. Mr Nae provided some evidence to the WRC Adjudication Officer and understood that a further hearing would be scheduled to take place. Mr Nae felt that he was not accorded due respect on the day, and that questions he was asked by the Adjudication Officer were not appropriate.
Mr Nae was then twice informed by the WRC of an adjourned hearing date. Mr Nae was then told by the WRC that a decision had been made in his case, and that his complaint had not been upheld. This came as a shock to Mr Nae, who understood that case had not finished, and was adjourned to be heard in full, as per the correspondence he had received from the WRC.
With the assistance of the Commission, Mr Nae applied for a Judicial Review of the decision. Leave for judicial review was granted on 24 March 2025 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 Mr 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 said:
“The Commission is delighted to have provided legal assistance to challenge this WRC decision, in what was a very distressing case for Mr Nae.
Everyone is entitled to due process under the law and to be treated in a fair, respectful and reasonable manner. The settlement of this case is a welcome development, and it is hoped that there will be wider benefit so that others may not find themselves in similar circumstances, without certainty of fair procedures before an adjudicating tribunal.”
ENDS/
For more information, please contact:
Sarah Clarkin, IHREC Communications Manager,
01 8592641 / 087 4687760
Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.
The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.