ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00004550

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00006335-001	08/08/2016

Date of Adjudication Hearing: 12/01/2017

Workplace Relations Commission Adjudication Officer: Ray Flaherty

Location of Hearing: The Harbour Hotel

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015, 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.

Summary of Complainant’s Case:

The Complainant’s case relates to her contention that she was penalised for taking maternity leave, was treated less favourably because for maternity leave and was bullied in the process of her attempt to vindicate her rights in this regard.

Summary of Respondent’s Case:

The Respondent stated that the Complainant had not fully exhausted the internal procedures. Consequently, the Respondent contended that the referral of the case to the WRC was premature.

Findings and Conclusions:

As the Complainant did not attend the hearing on the appointed date, it was not possible to proceed with the case.

Decision:

Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.

Based on the Complainant’s failure to attend the Hearing, complaint fails due to lack of prosecution.

Dated: 12^th June 2017

Workplace Relations Commission Adjudication Officer: Ray Flaherty