ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000542

Complaint for Resolution:

Date of Adjudication Hearing: 16/02/2016

Workplace Relations Commission Adjudication Officer: Michael Hayes

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:

Respondent’s Submission and Presentation:

The respondent submits that the complaint should be struck out as the purpose of the Act is to prohibit discrimination in the provision of goods and services, the disposal of property and access to education on any of the nine grounds.

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, 200 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:

Is the complaint properly before me?

Legislation involved and requirements of legislation:

The Act provides as follows: -

1. A person shall not discriminate in disposing of goods to the public generally or a section of the public or in providing a service, whether the disposal or provision is for consideration or otherwise and whether the service provided can be availed of only by a section of the public.
2. A person shall not discriminate in—

(a) disposing of any estate or interest in premises,

(b) terminating any tenancy or other interest in premises, or

(c) providing accommodation or any services or amenities related to accommodation or ceasing to provide accommodation or any such services or amenities.

1. An educational establishment shall not discriminate in relation to—

(a) the admission or the terms or conditions of admission of a person as a student to the establishment,

(b) the access of a student to any course, facility or benefit provided by the establishment,

(c) any other term or condition of participation in the establishment by a student, or

(d) the expulsion of a student from the establishment or any other sanction against the student.

The Act requires that a “person” (includes an organisation, public body or other entity) shall not discriminate in the provision of goods and services, the disposal of property and access to education on any of the nine grounds.

Decision:

The complaint is misconceived under this enactment and therefore it is not well founded.

Dated:   25^th May 2016