ADJUDICATION OFFICER DECISION/RECOMMENDATION

 Adjudication Reference: ADJ-00008938

 Complaint(s):

ActComplaint/Dispute Reference No.Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 CA-00011518-001 23/05/2017   Date of Adjudication Hearing: 08/12/2017 Workplace Relations Commission Adjudication Officer: Catherine Byrne

Procedure:

In accordance with Section 25 of the Equal Status Act, 2000,this complaint has been assignedto me by the Director General. I have conducted a hearing and given the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.   The complainant did not attend the hearing. On his behalf, his representative said that he suffered from anxiety and depression and that he felt unable to endure what would for him, be a stressful experience at the WRC.    

Background:

On March 8th 2017, the complainant appealed to the respondent organisation against the decision of his landlord to issue him with a notice of termination of his tenancy agreement. The respondent found in his favour and the adjudicator who heard the complaint found that the notice of termination was invalid. Although the outcome was in his favour, the complainant has submitted this complaint to the WRC, alleging that the manner in which the adjudicator conducted the hearing discriminated against him on the grounds of his disability.

Summary of Complainant’s Case:

The complainant did not attend the hearing.  

Summary of Respondent’s Case:

The respondent submitted a comprehensive response to the complaint of discrimination. However, as the complainant did not present the details of his complaint, the respondent’s submission was not heard.

Decision:

Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act. The complainant’s failure to attend the hearing scheduled for December 8th 2017 was regrettable, as he was not in a position to present his complaint and give evidence about what occurred at the hearing with the respondent organisation on March 8th 2017. As no evidence was given at this hearing at the WRC in support of the allegation of discrimination, I conclude the investigation and find against the complainant.   Dated:   18.12.17 Key Words: Non-attendance of the complainant