ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000184
Complaint for Resolution:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act 2000 | CA-00000241-001 | 14/10/2015 |
Date of Adjudication Hearing: 03/01/2017
Workplace Relations Commission Adjudication Officer: Aideen Collard
Procedure:
The Complainant referred a complaint under Section 21 of the Equal Status Acts 2000-2015 (hereinafter also ‘the Acts’) to the Workplace Relations Commission (hereinafter ‘WRC’) on 14th October 2015, a notification having been sent to the Respondent on 4th August 2015 and the subject-matter of this complaint arising on 1st June 2015. Solicitors for the Complainant had applied for an extension of time for the notification from two months to four months pursuant to Section 21(3)(a)(i) of the Acts which I was to adjudicate upon as a preliminary issue. This complaint was one of a number of similar-type complaints under the Acts against Insurance Companies arising from higher quotes for car insurance provided to non-Irish driving licence holders. It had been adjourned pending the determination of other claims at the request of Solicitors for the Complainant who had since come off record. This complaint was referred to me by the Director General for adjudication in accordance with Section 25 of the Acts. I proceeded to hearing on 3rd January 2017, inquired into the complaint and gave the Parties an opportunity to be heard and to present any relevant evidence. The Complainant did not attend or make any application for an adjournment. I waited some time for the Complainant’s arrival before commencing the hearing. A Partner from WhitneyMoore Solicitors and a number of witnesses attended the hearing on behalf of the Respondent.
Attendance at Hearing:
By | Complainant | Respondent |
Parties | A Complainant | An Insurance Company |
Complainant’s Submission and Presentation:
The Complainant submitted his complaint against the Respondent under Section 21 of the Equal Status Acts 2000-2015) to the WRC on 14th October 2015, complaining of discrimination on the ground of race owing to a higher quote for car insurance provided to him as a non-Irish driving licence holder than would have been provided to an Irish driving licence holder. However, he did not attend the hearing to pursue his complaint, which commenced as scheduled in Room G.04, Lansdowne House, Ballsbridge, Dublin 4 on Tuesday 3rd January 2017 at 10.30am and concluded at 11am. The Complainant therefore did not proffer any evidence in support of his complaint.
Respondent’s Submission and Presentation:
A Partner from Solicitors on behalf of the Respondent attended with the requisite witnesses to mount a full defence to this complaint and also placed reliance on recent decisions of the former Equality Tribunal in relation to similar complaints in favour of the Respondent Insurance Companies.
Decision:
I am satisfied that a letter dated 21st November 2016 issued to the Complainant, confirming the venue, date and time of the hearing at his address provided, and further, that he did not contact the WRC to indicate any difficulty with attending or seek an adjournment. A period of at least 28 days has elapsed after the hearing before issuing this decision, to allow for the Complainant to contact the WRC with an explanation for his non-attendance but no such contact has been made. I find the Complainant’s non-attendance at the hearing to pursue his complaint unreasonable in the circumstances. Therefore his complaint fails for lack of evidence and is accordingly dismissed.
Dated: 14 March 2017