ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001069
Complaint(s)/Dispute(s) for Resolution:
Act
Complaint/Dispute Reference No. Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000
CA-00000865-001
16/11/2015
Date of Adjudication Hearing: 23/03/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Act, 1998, 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).
BACKGROUND
The complainant referred a complaint under the Employment Equality Acts, 1998 -2007 to the Equality Tribunal on16th November 2015 alleging that the respondent had discriminated against her under section 21 Equal Status of the 2000 Act. In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Act, 1998, the complaint was refered to the undersigned Jim O’Connell, Adjudicating Officer 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.
In accordance with the normal procedures the parties were notified in writing that a Hearing on the complaint would take place at the Silver Springs Hotel, Cork on 23 March, 2016 commencing at 10:00am. This notification was sent by recorded delivery. The representative for the respondent attended the hearing
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 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 .Section 79(1) of the Acts requires me, as part of my investigation, to hold a Hearing. I am satisfied that the complainant received notification of the Hearing arrangements and chose not to attend. I therefore find that the complainant's unexplained failure to attend the Hearing is unreasonable and that any obligation I have under section 79(1) of the Acts has ceased. As no evidence was presented at the Hearing in support of the allegation of discrimination I conclude the investigation and find against the complainant.
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Dated 2nd September 2016