ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004056

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 12/10/2016

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015, and/or Section 25 of the Equal Status Act, 2000 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Attendance at Hearing:

Complainant’s Submission and Presentation:

Respondent’s Submission and Presentation:

The Respondent’s Legal Representative accepted that an act of discrimination had inadvertently happened in this case. He apologised and indicated that updated procedures were now in place in his Client’s business to prevent a reoccurrence.

Decision:

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:

Did an Act of Discrimination in relation to take place? What Rebuttal arguments are made by the Respondent? What Redress is appropriate?

Legislation involved and requirements of legislation:

Equal Status Act, 2000

Decision:

Section 3B) of the Equal Status Act 2000 (as amended) states

For the purposes of section 6(1)(c), the discriminatory grounds shall (in addition to the grounds specified in subsection (2)) include the ground that as between any two persons, that one is in receipt of rent supplement (within the meaning of section 6(8)), housing assistance (construed in accordance with Part 4 of the Housing (Miscellaneous Provisions) Act 2014) or any payment under the Social Welfare Acts and the other is not (the “housing assistance ground”).

Correspondence was exhibited (an e mail) and the apology and acceptance of the Respondent were clear cut. A member of staff had made an inadvertent error.

Redress which may be ordered is set out in Section 27 (2) of the Act.

7. —(1) Subject to this section, the types of redress for which a decision of the Director of the Workplace Relations Commission under section 25 may provide are either or both of the following as may be appropriate in the circumstances:

(a) an order for compensation for the effects of the prohibited conduct concerned; or

(b) an order that a person or persons specified in the order take a course of action which is so specified.

(2) The maximum amount which may be ordered by the Director of the Workplace Relations Commission by way of compensation under subsection (1)(a) shall be the maximum amount that could be awarded by the District Court in civil cases in contract.

Accordingly I award a sum of €300 to the Complainant in compensation for the breach of the Equal Status Act 2000 in this case. The sum to be paid no later than four weeks from the date of this decision being received by the Parties.

Dated:   16^th November 2016