ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004649
Complaint(s)/Dispute(s) for Resolution:
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-00006413-001 | 11/08/2016 |
Date of Adjudication Hearing: 14/12/2016
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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).
Complainant’s Submission and Presentation:
I applied for a position in DCU in good faith, submitting my application to the correct email address within the time limit and was subsequently informed that it was not considered due to a 'technical error'. Clearly, therefore, I was not treated equally viz-a-viz other candidates. I informed DCU twice that I wished to appeal this decision on these grounds but received no response. N.B. I ticked 'disability' above as it seems reasonably appropriate as my application was effectively 'disabled' by the DCU email system. |
The Hearing raised a preliminary point as to the nature of the Claimant disability under the terms of the Employment Equality Act 1998. The Claimant confirmed that he did not have a disability as such but had issues with Respondent.
Decision:
Section 41(4) 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.
I find that the Claimant has no prospect of succeeding in his complaint and I dismiss it as frivolous and vexatious in accordance with section 77 (a) of the Employment Equality Acts 1998 – 2011.
Dated: 14th March 2017