ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00000948
| Complainant | Respondent |
Anonymised Parties | A sandwich artist | A take-away restaurant |
Representatives | None | None |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 79 of the Employment Equality Acts, 1998 - 2015 | CA-00000662-002 | 7th November 2015 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 - 2015 | CA-00000687-001 | 7th November 2015 |
Date of Adjudication Hearing: 8th March 2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Location of Hearing: Dublin
Procedure:
On the 7th November 2015, the complainant referred complaints to the Workplace Relations Commission pursuant to the Employment Equality Acts and the Unfair Dismissals Act. The complaints were scheduled for adjudication on the 8th March 2017.
At the outset of the adjudication, it became apparent that there was no appearance by or on behalf of the complainant. I verified that the complainant was on notice of the time, date and venue of the adjudication, including that the hearing notification had been sent to the most recent address recorded on file for the complainant. I also waited some time to accommodate a late arrival. Two witnesses attended for the respondent.
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Section 79 of the Employment Equality Acts, 1998 – 2015 following the referral of the complaints to me by the Director General of the Workplace Relations Commission, I inquired into the complaints and gave the parties present an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The claim relates to discrimination in the workplace and the ending of the complainant’s employment with the respondent.
Summary of Complainant’s Case:
The complainant did not attend the adjudication to advance his case, and did not provide an explanation for his non-attendance.
Summary of Respondent’s Case:
The respondent attended the adjudication to meet the claims.
Findings and Conclusions:
As the complainant did not attend the adjudication to advance his claims, I find that the claims fail for want of prosecution.
Decisions:
CA-00000662-002
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.
As the complainant did not attend the adjudication, I decide that the claim made pursuant to the Employment Equality Acts is not well founded and fails for want of prosecution.
CA-00000687-001
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the complaint of unfair dismissal.
As the complainant did not attend the adjudication, I decide that the claim made pursuant to the Unfair Dismissal Acts is not well founded and fails for want of prosecution.
Dated: 23rd May 2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham