ADJ-00001811

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00001811

Parties:

Complaint(s):

Date of Adjudication Hearing: 13/04/2017

Workplace Relations Commission Adjudication Officer: Caroline McEnery

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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 states that they were discriminated against as they are a member of the travelling community.

The Complainant received a call regarding cancellation of accommodation and a function room for a 70th birthday party.

Summary of Complainant’s Case:

The Complainant states that he was in Belgium and the UK living abroad in different countries and was therefore not contactable as he was travelling in a caravan without a fixed abode. The Complainant stated that and this was the reason for the delay in submitting the case details to his solicitor and this warranted an extension in the required timelines as it was exceptional circumstances.

Summary of Respondent’s Case:

The Respondent states that the claim was not notified correctly as per section 21.4 of the Equal Status Act.

The Respondent states that the claim was not made within the required time and no exceptional circumstances have been presented to warrant an extension in time.

The Respondent claims that a solicitor’s letter was sent on the 12^th of May regarding breach of contract.

The Respondent claims that the solicitor did not mention the Equal status act, discrimination or prohibitive conduct and they had no opportunity to reply as a result.

Findings and Conclusions:

The Adjudicator finds that there was not exceptional circumstances for an extension of 4 months in line with Section 21.4 of the Equal Status Act disclosed.   The Claimant had a mobile phone and email address which he used to make the booking in question with the hotel.

The Complainant was in a position to give his solicitor this instruction a few days after the booking was cancelled and was contactable. Although contact was made within the two months as outlined by the Act , the hotel was not informed that the there was a breach of the Equal status act as they were informed only that it was a breach of contract and did not mention discrimination

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.        

The Adjudicator finds that there were not exceptional circumstances for an extension of time in line with Section 21.4 of the Equal Status Act disclosed.

Therefore the claim fails.

Dated:   14 June 2017

Workplace Relations Commission Adjudication Officer: Caroline McEnery