ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002782

Complaint for Resolution:

Date of Adjudication Hearing: 10/08/2016

Workplace Relations Commission Adjudication Officer: Stephen Bonnlander

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and 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.

Complainant’s Submission and Presentation:

In his written submission, the complainant submits that he is in receipt of rent allowance and other social welfare payments, and that he is looking for accommodation. With respect to an apartment in Quinsboro Road, Bray, Co. Wicklow, he submitted printout of web advertisements taken out by the respondent on the websites daft.ie, rent.ie and let.ie, which all carried the identical note “rent allowance not accepted”.

Respondent’s Submission and Presentation:

The respondent, in its written submission, denies that it discriminated against the complainant with the above advertisements. It states that it had never met the complainant prior to receiving correspondence about the complaint from the Commission. With regard to the advertisement, it states that this was an old advertisement which was reactivated on the relevant websites, and that this was done in error. The respondent accepts that it did not proofread the ad prior to re-activating it to remove the note about rent allowance. The respondent repeatedly expressed its regrets about this oversight.

The respondent further states in its submission that it has let properties in the past to persons in receipt of rent allowance. It states that is was always an equal opportunities letting agency and will continue to be.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 25 of the Equal Status Act, 2000 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.

Issues for Decision:

When the complainant was not present at the beginning of the hearing (the respondent was in attendance), I adjourned the hearing for 20 minutes in case the complainant was late. I also made enquiries within the WRC as to whether he had been in contact.   The complainant did not appear, and was not in contact with the Commission to explain his absence.

Since the complainant did not attend the hearing, and did not notify the Commission of any reasons for this non-attendance, no evidence was provided by him regarding the above complaint and hence no issues for decision arise.

Legislation involved and requirements of legislation:

Decision:

As noted above, I am obliged to hold a hearing into the matter as part of my investigation under Section 25 of the Act. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 25 has ceased. As no evidence was given at the hearing in support of the allegation of discrimination, I conclude the investigation of this complaint and find against the complainant.

Dated:   17^th August 2016