ADJ-00004893

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00004893

Parties:

	Complainant	Respondent
Anonymised Parties	A Passenger	An Airline

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000	CA-00006768-001	02/09/2016

Date of Adjudication Hearing: 29/03/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Location of Hearing: Room G.06 Lansdowne House

Procedure:

In accordance with Section Section 25 of the Equal Status Act, 2000 and 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.

Preliminary Legal Issue – Section 21(2)

The Complainant lodged a complaint with the Workplace Relations Commission on 2^nd September 2016 under the Equal Status Act, 2000.

Section 21(2) of the Act states as follows:

“Before seeking redress under this section the complainant –

Shall, within two months after the prohibited conduct is alleged to have occurred, or, where more than one incident of prohibited conduct is alleged to have occurred, within two months after the last such occurrence, notify the respondent, in writing of –

The nature of the allegation (ii) the complainant’s intention, if not satisfied with the respondent’s response to the allegation, to seek redress under this Act and

May in that notification, with a view to assisting the complainant in deciding whether to refer the case to the Director question the respondent in writing so as to obtain material information and the respondent may, if the respondent so wishes, reply to any such questions

At the Hearing the Complainant informed the Adjudication Officer that he was sure his Solicitor in Northern Ireland had complied with this requirement prior to lodging the complaint. The Solicitor for the Complainant was not present at the Hearing. The Adjudication Officer afforded an opportunity to the Complainant to contact his Solicitor to clarify the matter. No such application had been made.

Decision:

Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint.

I declare I do not have jurisdiction to hear this complaint as it does not comply with Section 21(2) of the Act

Dated: 05 July 2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Key Words:

Section 21(2) failure